(a) Prior to concluding that there is no coverage for the loss as a result of the insured's failure to comply with any obligation imposed on the insured under the policy, the insurer shall:
- (1) Establish that the breach was a material breach that excuses the insurer from performance under the insurance policy; and
- (2) Document the basis for concluding that the breach is material in the claim file.
- (b) An insurer shall not refuse to make an evaluation of the insured's liability in any claim because the insured requests that the insurer not make a claim payment for a reported loss.
Source. #8900, eff 7-1-07, EXPIRED: 7-1-15 New. #10962, eff 10-26-15