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.
Courts and Coverage
Understand the CGL Policy Post-Judgment Interest Provision
2017-03-10 | R Brent Cooper
Construction Law
Beware of Unclear Language in Construction Contracts/Forms
2017-03-03 | Robert J Miletsky
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
Regulation and Compliance
Understanding the Consumer Financial Protection Bureau
2017-02-17 | Aaron E Lunt
