Strickland v. American Home Assurance Co.

I respectfully dissent in part because the law which the majority applies supports the trial court’s order in its entirety.

The three medical bills about which I depart from the majority opinion were received by the insurer on February 19 attached to a *429standard loss notice accord form signed by the insurance producer’s representative. Two days later insurer’s claims adjuster contacted claimant and sent to her a benefit application form and, as it related to the medical bills, attending physicians’ report forms for her to take to the treating physicians. This was requested as proof that the…