QBE Insurance v. Jinx-Proof Inc.

I would reverse and answer the certified question in the negative for two reasons.

First, the two letters from QBE’s third-party claims administrator do not communicate the requisite unequivocal written notice of disclaimer, and therefore do not constitute disclaimers of coverage. As the majority concedes, both letters contained “contradictory and confusing language” (majority mem at 1107). Language such as this simply cannot serve to properly advise an insured of his rights and remedies under the policy.

The January 31, 2008 letter expressly stated that QBE was making a “reservation of rights”…