Which of the Following Was the Result of the "Case

question 77

Multiple Choice

Which of the following was the result of the "Case Opener", in which the Clarys contended that when the privilege to rebuild or repair property is reserved in a policy, and the insurer asserts that privilege and begins repair and restoration, the insurer cannot later abandon the restoration and change its election to paying for the loss?

• A) The courts ruling supported the Clarys' argument that having elected to repair the property, Allstate breached the contract by abandoning the restoration.
• B) The court asserted that the Clarys' were correct and Allstate was obligated to pay after its initial election.
• C) The court denied the trial court's entry and summary judgement in favor of the Clarys'.
• D) The court required a percentage split be determined by an arbitrator for the loss, to be divided between the Clarys and Allstate.
• E) The court rejected the Clarys' argument that once Allstate elected to repair the property, the amount of loss was no longer at issue.

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Insignificant Point Of Difference

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