Claims, Case Law, and Legal Articles
Latest Articles
Construction Law
Construction Business in Challenging Times
Claims Practices
Mortgagee Has No Right to Insurance Proceeds after Debt Paid
Claims Practices
Building Must Fall To Trigger Collapse Coverage
Regulation and Compliance
How Are Commercial Service Contracts Regulated?
Claims Practices
Insured's Release of Insurer Defeats Claim of Third Party
Courts and Coverage
Courts Rule on Insurance for Violations of Biometric Privacy Laws
Regulation and Compliance
New Enhancements to Auto Service Contract Laws
Claims Practices
Appreciative Inquiry—A Transformational Change Management Tool
Claims Practices
An Adjuster Is Not a Party to an Insurance Contract
Construction Law
Thinking of Sending or Receiving a Wire of Funds? Use Checks Instead
Courts and Coverage
NY High Court Rules Disgorgement Is Not a Penalty
Claims Practices
Investigation of Qui Tam Suit Not Covered by D&O Policy
Defense and Settlement
Fifth Circuit Finds Defense Duty for Credit Card Data Breach
Claims Practices
The Many "Victims" of "Mostly Peaceful Demonstrations"
Defense and Settlement
Texas Supreme Court Holds Insurer Not Liable under "Stowers"
Claims Practices
Insurance Fraud by Agent Is Fraud by Insured
Claims Practices
Professional Insurance Adjusting and Insurance Fraud
Claims Management 03
The Dilemma of Insuring Virus Claims
Defense and Settlement
Texas Supreme Court Confronts Another "Stowers" Question
Claims Practices
Insurer Loses Summary Judgment by Claiming Evidence It Never Had
Claims Practices
Conversion Is an Intentional Tort and Can Never Be an Occurrence
Claims Management 03
Telemedicine in the Age of the Pandemic
Courts and Coverage
Lessons from Recent COVID-19 Business Interruption Decisions
Claims Practices
It's Not Nice To Lie to Your Insurance Company
Defense and Settlement
The Eight-Corners Rule Is Alive and Well in Texas
Claims Management 03
Presumption of WC Claim Compensability in the Age of COVID
Courts and Coverage
The Two "I's" of Risk Transfer: Indemnity and Insurance
Construction Law
Modify Construction Documents in Light of COVID-19
Defense and Settlement
Texas Recognizes Collusion as Exception to Eight-Corners Rule
Claims Practices
Failure to Give Notice Defeats Coverage
Construction Law
Personal Guarantees in Construction
Claims Management 03
Claims Management and Effective Risk Management
Courts and Coverage
Coverage for Ransomware Losses under Property Policies
Defense and Settlement
Texas Court Adopts Time-on-the-Risk Allocation
Claims Practices
Insured's Obligation To Read the Insurance Policy
Claims Management 03
Bad Faith, Litigation Trends, and Emerging Tactics
Regulation and Compliance
Motor Vehicle Service Contract Ancillary Products
Courts and Coverage
Why Insurance Policy Language Matters
Regulation and Compliance
New Trends in Insurance
Claims Practices
Crazy or Not, the Insured Intended to Kill His Wife
Claims Management 03
The Future of Workers Compensation Claim Systems
Courts and Coverage
Beyond the Eight Corners: Additional Insureds and Workers Comp
Defense and Settlement
Eight-Corners Rule under Siege
Claims Practices
Subrogation Waiver Held Enforceable by Wisconsin Supreme Court
Claims Management 03
Federal Terrorism Reinsurance Claim Recovery
Regulation and Compliance
Warren Buffett Likes Insurance Companies
Courts and Coverage
More Confusion Regarding the "Damage to Property" Exclusion
Regulation and Compliance
What Is an Insurance Model Law?
Claims Management 03
Examining WC Waivers of Subrogation
Claims Management 03
Examining WC Waivers of Subrogation
Claims Practices
Purchasing Higher Deductibles Than Desired Is Not Broker Negligence
Claims Management 03
WC Court Rulings, Legislation, and Advocacy-Driven Claim Outcomes
Defense and Settlement
Endorsement Did Not Apply to Defense Costs in Deepwater Horizon Suit
Claims Management 03
Captive Claim Management
Claims Practices
Agent Has No Duty to Advise Insurance Coverage Needs
Defense and Settlement
New Liability Restatement and Settlement of Catastrophic Claims
Regulation and Compliance
What Is Subrogation?
Claims Practices
Infrared Detection of Water Damage
Claims Practices
California Case Comes Down Hard on Insurers
Claims Management 03
Workers Compensation Claims and the Opioid Impact Revisited
Claims Management 03
Appraiser Disqualified for Contingent Fee
Regulation and Compliance
Credit Card Insurance Benefits
Claims Management 03
Greedily Contesting Claim Recovery Can Backfire
Claims Management 03
Insurtech and the Claim Function
Defense and Settlement
Settlement Relationships—Insurer, Insured, and Defense Counsel
Regulation and Compliance
An Insurer's Framework To Hire outside Counsel
Claims Practices
Taking Months to Hire a Public Adjuster Is No Excuse for Late Notice
Claims Management 03
Insurance Claim Resolution and Settlement
Regulation and Compliance
Can a Legal Department Become More Efficient?
Claims Management 03
Claim Evaluation: Determining Valuation
Claims Practices
Coconspirator's Civil Testimony Convicts Arsonist
Defense and Settlement
Defenseless? Beware of Application Errors
Claims Management 03
Looking at the Tort of Bad Faith
Regulation and Compliance
Insurance Is Regulated by States, Right?
Claims Management 03
Claim Investigation: Reaching Resolution
Claims Practices
No Insurance Policy Covers Every Possible Eventuality
Regulation and Compliance
Technology and the Motor Vehicle Service Contract Industry
Construction Law
Are Your Goods and Services UCC Worthy?
Defense and Settlement
The Insurer Wants Its Money Back—Can It Do That?
Claims Practices
Pleading Can't Change a Battery into Negligence
Claims Management 03
Claim Reporting Best Practices
Construction Law
How To Handle "Will Serve" Letters
Defense and Settlement
Contract Bars Coverage? Reform the Contract!
Regulation and Compliance
Warranty, Service Contract, and Insurance
Claims Practices
Excess Insurer May Not Refuse Reasonable Settlement
Claims Management 03
The Claim Function and Best Practices
Courts and Coverage
Understand the CGL Policy Post-Judgment Interest Provision
Construction Law
Beware of Unclear Language in Construction Contracts/Forms
Regulation and Compliance
Understanding the Consumer Financial Protection Bureau
Claims Practices
Potential for Insurance Coverage Requires Defense
Claims Management 03
Insurance Claim Fraud and Social Media
Defense and Settlement
Does Cooperation Mean Capitulation?
Construction Law
Choose the Right Construction Dispute Resolution Method
Claims Practices
No Bad Faith for Reasonable Dispute
Regulation and Compliance
What Is a Contractual Liability Insurance Policy?
Courts and Coverage
Little Known/Utilized Provisions of the CGL Policy: Supplementary Payments
Construction Law
Pay-When-Paid Clauses and Prompt Payment Acts
Regulation and Compliance
Insurance Protection on My Cell Phone
Claims Management 03
Opioids: a Stumbling Block to Good Claim Outcomes
Claims Practices
Prompt Payment of Appraisal Award Defeats Bad Faith
Claims Practices
Agent's Lie to Insurer Voids Policy
Claims Management 03
Managing Claims for the Benefit of Consumers
Regulation and Compliance
What in the World Is a Motor Vehicle Service Contract?
Claims Practices
Installation of Defective Product Is Not Physical Damage
Courts and Coverage
Texas Recognizes Loss-of-Use Damages in Total Destruction Cases
Claims Practices
Invest in Claims Training: Ignorance Can Be Cured
Courts and Coverage
Accrual of Interest under Texas Prompt Payment of Claims Act
Claims Practices
Can an Insurer Obtain Insured's Tax Returns?
Claims Management 03
Next-Level Claim Strategies
Claims Management 03
Workers Compensation Options in Claims Management
Claims Practices
Is Pool Pop-Out Excluded?
Claims Practices
Eight-Corners Rule Defeats Right to Defense
Personal Lines Claims
The Claims Professional as Problem Solver
Claims Practices
Texas Court Rules WC Is the Exclusive Remedy in CCIP Claim
Courts and Coverage
Burden of Proof in Coverage Litigation (Part 4)
Courts and Coverage
Burden of Proof in Coverage Litigation (Part 3)
Courts and Coverage
Burden of Proof in Coverage Litigation (Part 2)
Claims Practices
Foreclosure Destroys Insurable Interest
Courts and Coverage
Burden of Proof in Coverage Litigation (Part 1)
Personal Lines Claims
Evaluating Bodily Injury Claims—Back Injuries
Courts and Coverage
Named Driver Policies
Personal Lines Claims
Evaluating Bodily Injury Claims—The Effects of Traumatic Injuries
Personal Lines Claims
Evaluating Bodily Injury Claims: Consideration Based on the Type of Injury—Fractures
Claims Practices
Insurer's Lawyer's Advice Not Privileged
Courts and Coverage
Courts Address the Contractual Liability Exclusion—How Far Does It Go?
Courts and Coverage
Taking and Defending the Adjuster's Deposition (Part 4)
Courts and Coverage
Taking and Defending the Adjuster's Deposition (Part 3)
Courts and Coverage
Taking and Defending the Adjuster's Deposition (Part 2)
Personal Lines Claims
Evaluating Bodily Injury Claims: Consideration Based on the Type of Injury—Wounds
Personal Lines Claims
Claims: There's an App for That, or Is There?
Courts and Coverage
Taking and Defending an Adjuster's Deposition (Part 1)
Claims Practices
Appraisal Only Determines Loss
Personal Lines Claims
Personal Lines Insurance Is Getting More Personal
Courts and Coverage
Trial of the Coverage Case (Part 4)
Claims Management 03
The Next Level of Business Income Coverage
Personal Lines Claims
Plaintiff Duties in Personal Lines Claims
Courts and Coverage
Trial of the Coverage Case (Part 3)
Claims Practices
Claims-Made Policies—Report Potential Claims Immediately
Courts and Coverage
DOI Certificate Bulletins Are Not "Regulations"
Courts and Coverage
Trial of the Coverage Case (Part 2)
Personal Lines Claims
Getting to the Bottom Line—Determination of Damages
Courts and Coverage
Additional Insured Endorsement Should Cover a Tenant's "Operations"
Claims Practices
Arson Conviction Upheld in Ohio; Texas Lets One Go Free
Courts and Coverage
Trial of the Coverage Case (Part 1)
Personal Lines Claims
Black Swans on the Horizon: Expecting the Unexpected
Courts and Coverage
Distinguishing between the Exclusions
Claims Practices
Pleading the Fifth Can Forfeit Insurance Coverage
Personal Lines Claims
The Art and Skill of Analyzing Coverage
Claims Management 03
Controlling Claims Leakage through Technology
Courts and Coverage
Appraisal under the Homeowners Policy
Courts and Coverage
Sometimes, Certificate Disclaimers Help
Claims Practices
Diminution in Value
Courts and Coverage
Duty To Cooperate
Personal Lines Claims
Stress-Free Claims Adjusting
Courts and Coverage
Correcting Mistakes in Additional Insured Endorsements
Courts and Coverage
Only Defense Costs Paid by Named Insured Satisfy the Self-Insured Retention
Claims Management 03
Litigation Management—Crucial but Confusing
Claims Practices
Legitimate Loss becomes a Crime When Insured Lies
Personal Lines Claims
The Art of Strategic Negotiation
Claims Management 03
Reduce Claims To Improve WC Mod
Claims Practices
Breach of Contractor's Warranty Defeats Coverage
Courts and Coverage
Coverage Triggers and Duty-To-Defend Dilemmas
Personal Lines Claims
"Green" Building Claim Implications
Claims Management 03
Workers Compensation Return-to-Work Programs: Cost Savers?
Courts and Coverage
Uninsured/Underinsured Motorist Coverage and Anti-Stacking Provisions
Claims Management 03
Reducing Workers Compensation Claims during a Layoff
Claims Practices
Attorney Fees for Enforcement of Settlements in Florida
Courts and Coverage
Recent Cases Involving First-Party Claims
Courts and Coverage
Hurricane Ike and First-Party Litigation
Claims Management 03
Workers Compensation Reserves—Dollars and Sense
Claims Practices
Insurance Fraud
Courts and Coverage
Underinsured Motorist Insurance: Prerequisites before Coverage Applied
Personal Lines Claims
Avoiding Bad Faith Allegations in Excess Loss Situations
Claims Management 03
Is Self-Administration Ever the Right Answer?
Claims Practices
The Examination under Oath
Courts and Coverage
Injury-in-Fact Coverage Trigger—HO Policy View
Personal Lines Claims
Personal Lines Property Loss Adjusting—Achieving Excellence
Claims Management 03
Technology and Claims: Blessing or Curse?
Courts and Coverage
Event Data Recorders: Balancing the Benefits and Drawbacks
Litigation Management 02
Litigation Best Practices—Lessons from Risk Manager of the Year
Claims Practices
Insurers Need To Audit Their Vendors' Service
Claims Management 03
Third-Party Administrators: Quality versus Price
Claims Practices
Surprise: Insurance Is Not a Service
Courts and Coverage
No Insurance Coverage for "Actual Physical Contact" with "Integral Part" of Auto
Claims Management 03
An Insurance Claims Management Retrospective
Claims Practices
Insurer Must Go to Trial on Allegations of a Fraudulent Settlement
Litigation Management 02
The Three Pillars of Litigation Management
Claims Practices
Required Insurance Training and Continuing Education
Courts and Coverage
Trigger Theories in Homeowners Insurance
Courts and Coverage
The Measure of "Reasonable" Defense Costs in Independent Counsel Situations
Claims Practices
Use Licensed Experts in Claims Litigation
Courts and Coverage
Surface Water Exclusions in the Homeowners Policy
Claims Practices
The Lawyer as an Insurance Claims Expert
Courts and Coverage
Ensuing Loss Clauses in Homeowners Policies: Confusing but Not Ambiguous
Claims Practices
When Agents or Applicants Lie to Insurers
Claims Practices
Insurance Fraud Fails in L.A. Superior Court
Claims Practices
Insurer Sues Attorney for Malicious Prosecution
Claims Practices
Sharing of Information between Insurers To Fight Fraud
Courts and Coverage
Hurricanes Katrina and Rita: Coverage Disputes and Pending Litigation
Courts and Coverage
Hurricanes Katrina and Rita: Effect on Claims Handling Procedures
Courts and Coverage
Hurricanes Katrina and Rita: Effect on Rating and Underwriting
Claims Practices
New ISO ACV Definition and California Statute
Courts and Coverage
Homeowners Policies and Acts of Self-Defense
Claims Practices
Claims in a Disaster
Claims Practices
Rescission in California
Courts and Coverage
Who Can Reject Uninsured Motorist and Personal Injury Protection Coverage?
Courts and Coverage
Unmarried Cohabitants Are Not "Members" of the Same "Household"
Courts and Coverage
Coverage Disputes Give Rise to "Independent" Counsel
Claims Practices
Insurance and the Law of Unintended Consequences
Courts and Coverage
Is Seller's Failure to Disclose Known Defects to Buyers a Covered "Occurrence"?
Courts and Coverage
Bystander Claims—One Limit or Two?
Litigation Management 02
Court Reporting/Deposition Services: What You Should Know
Claims Practices
Fraudulent Application Can Haunt the Broker
Courts and Coverage
"No-Fault" Coverage Insures Injuries Arising Out of the Use of a Vehicle
Litigation Management 02
Litigation Management—Proactive or Reactive Budgeting?
Personal Lines Claims
Adjusting Residential House Fires
Courts and Coverage
"Controlled Substance" Exclusion in Homeowners Policy Bars Coverage
Courts and Coverage
Diminishing Value: The Trend Against Coverage under Personal Automobile Policies
Claims Practices
Mold and Fungi Insurance Claims
Claims Practices
Stacking Insurance Limits
Personal Lines Claims
Residential Water Claims
Courts and Coverage
Seventh Circuit Upholds Anti-Stacking Clauses
Claims Practices
The Ethical Dilemma Caused by Fighting Fraud
Courts and Coverage
Subrogation Rights Against Personal Auto Uninsured Motorists Coverage
Claims Practices
Adjusting Liability Claims
Claims Practices
Why Insurance Fraud Succeeds
Litigation Management 02
