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Claims, Case Law, and Legal Articles


Latest Articles

Claims Practices

Excess Insurer May Not Refuse Reasonable Settlement

2017-04-07 | Barry Zalma

Barry Zalma relates a case holding that the insured and primary insurer may settle when excess refuses to participate.

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The Claim Function and Best Practices

2017-03-31 | Christopher E Mandel

Chris Mandel explains the fundamentals of claims management and the best ways to get to reasonable outcomes for all parties.

Courts and Coverage

Understand the CGL Policy Post-Judgment Interest Provision

2017-03-10 | R Brent Cooper

Brent Cooper continues the series on little known/understood CGL policy provisions, focusing on clause 1.g of "Supplementary Payments."

Construction Law

Beware of Unclear Language in Construction Contracts/Forms

2017-03-03 | Robert J Miletsky

Learn about contra proferentem and other problems that can arise when using imprecise wording in construction contracts.

Defense and Settlement

First Come, First Served—Must an Insurer Accept a Settlement Offer That Does Not Release All Insureds?

2017-02-24 | Lyndon F Bittle

Lyndon Bittle relates a recent Fifth Circuit case that affirmed a $2.8 million judgment against an insurer for failing to accept a Stowers demand.

Regulation and Compliance

Understanding the Consumer Financial Protection Bureau

2017-02-17 | Aaron E Lunt

Learn about the Consumer Financial Protection Bureau, which is part of the Dodd-Frank Wall Street Reform and Consumer Protection Act.

Claims Practices

Potential for Insurance Coverage Requires Defense

2017-01-27 | Barry Zalma

A recent California case -- Tidwell Ent. v. Financial Pacific Ins. -- involves pyrolysis and the insurer's duty to provide a defense.

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Insurance Claim Fraud and Social Media

2017-01-13 | Christopher E Mandel

Insurance fraud is increasing, but law enforcement and social media may help slow it down.

Defense and Settlement

Does Cooperation Mean Capitulation?

2016-12-16 | Lyndon F Bittle

Lyndon Bittle relates a case regarding whether the insured's duty to cooperate required it to contribute its own assets to settle a covered claim.

Construction Law

Choose the Right Construction Dispute Resolution Method

2016-12-02 | Robert J Miletsky

When construction disputes arise, arbitration, mediation, or litigation may result. Learn the pros and cons of each method.