More and more insurance companies are denying claims because of the lack of the actual policies, which is not the state of the case law. In recent New Jersey District Court decision, E.M. Sergeant Pulp & Chemical Co. v. Travelers Indemnity Co., No. 12-cv-1741, 2017 WL 239339 (D.N.J. Jan. 19, 2017), a policyholder can prove insurance policies from secondary evidence found through the benefit of insurance archaeology.
A policyholder was able to locate general ledger entries which identified the insurance carrier and policy numbers for several years of coverage. With the assistance of an insurance industry expert familiar with the carrier's policies, the court was convinced that the policies existed and denied the carrier's motion for summary judgment on the missing policy argument.