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Claims, Case Law, and Legal Articles

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Claims Practices

Pollution Exclusion Deters Corporations from Polluting

2024-03-29 | Barry Zalma

Barry Zalma relates a case where the insureds' dumping toxins into the city's sewer system clearly fell within the policy's pollution exclusion.

Claims Practices

Court Must Agree When Parties Agree to Appraisal

2024-01-19 | Barry Zalma

Barry Zalma relates a case involving appraisal of damages caused by Hurricane Ian.

Claims Practices

Insurer Has No Duty To Accept Absurd Settlement Offer

2023-10-12 | Barry Zalma

Barry Zalma relates a recent case where the insurer was under no legal duty to its insured to accept more than five times the policy limit.

Claims Practices

Notice-Prejudice Rule Doesn't Apply to Claims-Made-and-Reported Policy

2023-07-21 | Barry Zalma

Barry Zalma relates a recent Kentucky Supreme Court case.

Construction Law

Construction Business in Challenging Times

2023-07-07 | Robert J Miletsky

Fulfilling contracts and being paid and dealing with undocumented workers are critical issues for construction firms. Robert Miletsky explains.

Claims Practices

Mortgagee Has No Right to Insurance Proceeds after Debt Paid

2023-05-12 | Barry Zalma

Barry Zalma relates a case holding that satisfaction of a mortgage eliminates the right of the mortgagee to recover from a homeowners policy.

Claims Practices

Building Must Fall To Trigger Collapse Coverage

2023-01-04 | Barry Zalma

Where policy requires an abrupt collapse, the court rules no coverage for a still-standing building. Barry Zalma explains.

Regulation and Compliance

How Are Commercial Service Contracts Regulated?

2022-12-01 | Aaron E Lunt

Aaron Lunt discusses the key considerations in determining how states regulate business service contracts.

Claims Practices

Insured's Release of Insurer Defeats Claim of Third Party

2022-08-05 | Barry Zalma

An assignment of claim against insurers after insureds sign a release is worthless. Barry Zalma relates the case.

Courts and Coverage

Courts Rule on Insurance for Violations of Biometric Privacy Laws

2022-07-15 | David M Knapp

Recent decisions address whether a policy exclusion bars coverage. David Knapp relates the cases and issues.