Legal Definitions - failure to claim

Failure to claim refers to the act of not asserting a legal right, entitlement, or interest within a specified period or when the opportunity arises. This omission can lead to the forfeiture or loss of that right or entitlement.

• Example 1: Insurance Policy

  Imagine a homeowner whose roof is damaged during a severe storm. Their insurance policy requires all claims to be reported within 60 days of the incident. However, the homeowner is busy and forgets to contact their insurance company until three months later, well past the deadline.

  This illustrates a failure to claim because the homeowner had a right to seek compensation for the roof damage under their policy but did not assert that right within the timeframe specified by the insurance contract. As a result, the insurer might deny the claim, and the homeowner could lose their entitlement to coverage.

• Example 2: Unclaimed Inheritance

  Consider a situation where a distant relative passes away, leaving a small inheritance to a specific individual. The executor of the estate attempts to contact this individual but receives no response. After a legally mandated period for beneficiaries to come forward and claim their share, the unclaimed funds are distributed according to the will's residual clauses or state law, often to other beneficiaries or a charity.

  Here, the individual demonstrated a failure to claim their inheritance. Despite being a named beneficiary and having a legal right to the funds, their inaction or lack of response within the probate period led to the forfeiture of their share.

• Example 3: Product Warranty

  A consumer buys a new car that comes with a three-year manufacturer's warranty covering major engine components. Two and a half years into ownership, the car develops a significant engine problem that is clearly covered by the warranty. However, the consumer delays taking the car to the dealership for repair, and the three-year warranty period expires before they do so.

  This is an example of a failure to claim because the consumer had a valid right to free repair under the warranty for a defective part. By not bringing the car in for service before the warranty expired, they failed to assert this right and subsequently lost the benefit of the warranty coverage.