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Claims, Case Law, and Legal Articles


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Claims Practices

Foreclosure Destroys Insurable Interest

2013-10-01 | Barry Zalma

Barry Zalma discusses a recent Texas case involving a homeowners insurance claim and the possibility of profiting where the policy provided no coverage.

Courts and Coverage

Burden of Proof in Coverage Litigation—Part 1

2013-10-01 | R Brent Cooper

Brent Cooper reviews the respective burdens of proof that the insurer and insured must carry during the course of insurance litigation in Texas.

Personal Lines Claims

Evaluating Bodily Injury Claims—Back Injuries

2013-10-01 | Elise Farnham

Claims professionals need to conduct a thorough investigation, per Elise Farnham.

Courts and Coverage

Named Driver Policies

2013-07-01 | R Brent Cooper

Brent Cooper discusses "named driver" policies that limit the auto coverage afforded to only those drivers identified in the policy.

Personal Lines Claims

Evaluating Bodily Injury Claims—The Effects of Traumatic Injuries

2013-07-01 | Elise Farnham

Elise Farnham explains the importance of psychosomatic medicine and the impact of emotions on the healing process.

Personal Lines Claims

Evaluating Bodily Injury Claims: Consideration Based on the Type of Injury—Fractures

2013-06-01 | Elise Farnham

Assess the extent of injury, health of the injured party, and potential for permanent disability, per Elise Farnham.

Claims Practices

Insurer's Lawyer's Advice Not Privileged

2013-04-01 | Barry Zalma

In Washington state, it appears that all lawyers and litigants are equal except for insurers and their lawyers, who are less equal than all others are.

Courts and Coverage

Courts Address the Contractual Liability Exclusion—How Far Does It Go?

2013-04-01 | R Brent Cooper

Brent Cooper looks at Texas cases addressing the breadth of the exclusion and the resulting uncertainty.

Courts and Coverage

Taking and Defending the Adjuster's Deposition—Part 4

2013-02-02 | R Brent Cooper

This article addresses the deposition itself. Brent Cooper covers the adjuster's appearance and objections and privileges that can be asserted.

Courts and Coverage

Taking and Defending the Adjuster's Deposition—Part 3

2013-01-19 | R Brent Cooper

This article concludes Brent Cooper's advice on how to best prepare for a deposition.