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Claims, Case Law, and Legal Articles


Latest Articles

Regulation and Compliance

New Enhancements to Auto Service Contract Laws

2022-06-15 | Aaron E Lunt

Aaron Lunt examines the legislative status of auto protection products.

Claims Practices

Appreciative Inquiry—A Transformational Change Management Tool

2022-05-12 | Peter G Furst

Peter Furst explains this tool for improving business outcomes by focusing on the potential for future enhancements.

Claims Practices

An Adjuster Is Not a Party to an Insurance Contract

2022-04-08 | Barry Zalma

The Colorado Supreme Court makes it clear that an adjuster may not be sued for the tort of bad faith Barry Zalma relates the case.

Construction Law

Thinking of Sending or Receiving a Wire of Funds? Use Checks Instead

2022-01-28 | Robert J Miletsky

Robert Miletsky explains why the check in the mail system works best.

Claims Practices

Malpractice Insurance Policy Rescinded When Lawyer Lies on Application

2022-01-13 | Barry Zalma

Barry Zalma relates a recent Utah case involving a lawyer's dishonesty on an insurance application.

Courts and Coverage

NY High Court Rules Disgorgement Is Not a Penalty

2021-12-16 | David M Knapp

Courts look beyond thelabel, as illustrated by this case related by David Knapp.

Claims Practices

Investigation of Qui Tam Suit Not Covered by D&O Policy

2021-11-15 | Barry Zalma

Barry Zalma relates a case finding no coverage for a qui tam suit filed before the inception of the policy.

Defense and Settlement

Fifth Circuit Finds Defense Duty for Credit Card Data Breach

2021-08-12 | Lyndon F Bittle

Giving "publication" the broadest possible definition, the court held for the insured. Lyndon Bittle relates the case.

Claims Practices

The Many "Victims" of "Mostly Peaceful Demonstrations"

2021-07-02 | Barry Zalma

Barry Zalma takes issue with calling the 2019–2020 riots "victimless" and looks at those impacted.

Defense and Settlement

Texas Supreme Court Holds Insurer Not Liable under "Stowers"

2021-05-07 | Lyndon F Bittle

The insured's liability must be in excess of policy limits but can arise from a judgment or settlement. Lyndon Bittle relates the case.