Social Studies, 05.05.2020 09:19 semajac11135
Dodger bought an insurance contract from Liberty Farm Co. The policy contained a clause stating that all claims for losses had to be reported within 45 days after the date of the loss or the claim would be barred. Time is stated to be of the essence. Dodger sustained a covered farm loss, but did not report it to Liberty Farm until 50 days later. Liberty Farm denied coverage for the claim. If Dodger sues, who wins?
A. Dodger wins; the contract was substantially performed.
B. Liberty Farm wins; there was failure of a condition subsequent.
C. Dodger wins; courts will not enforce a time-of-the-essence clause.
D. Liberty Farm wins; the impossibility doctrine applies.
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