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Claims, Case Law, and Legal Articles


Latest Articles

Regulation and Compliance

Warranty, Service Contract, and Insurance

2017-04-28 | Aaron E Lunt

Warranty, Service Contract, and Insurance—While they have many similar components, Aaron Lunt explains that their dissimilarities are important under the law.

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.

Claims Management

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 involves pyrolysis and the insurer's duty to provide a defense. Barry Zalma discusses.

Claims Management

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.