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Claims, Case Law, and Legal Articles


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Claims Practices

Surprise: Insurance Is Not a Service

2008-05-01 | Barry Zalma

Barry Zalma reviews a California case concluding that insurance is neither a good nor a service, but only for the purposes of the Consumer Legal Remedies Act.

Courts and Coverage

No Insurance Coverage for "Actual Physical Contact" with "Integral Part" of Auto

2008-05-01 | R Brent Cooper

Brent Cooper describes a Texas Supreme Court ruling that collision with an axle isn't contact with a motor vehicle.

Claims Management

An Insurance Claims Management Retrospective

2008-04-01

William Quinn Jr. takes a look at the claims management experience, then (1950s) and now (2000s).

Claims Practices

Insurer Must Go to Trial on Allegations of a Fraudulent Settlement

2008-02-01 | Barry Zalma

Barry Zalma shows why insurers who settle with a general release may not be able to close the claim.

Litigation Management

The Three Pillars of Litigation Management

2008-02-01 | Michael R Boutot

Michael Boutot explains why lawyers can and should be managed, just like any other outside service vendor.

Claims Practices

Required Insurance Training and Continuing Education

2008-01-01 | Barry Zalma

With constant regulation changes, Barry Zalma says best practices mandate yearlong education.

Courts and Coverage

Trigger Theories in Homeowners Insurance

2008-01-01 | R Brent Cooper

Brent Cooper relates a case showing the difficulty of applying trigger theories in progressive or continuous property damage claims.

Courts and Coverage

The Measure of "Reasonable" Defense Costs in Independent Counsel Situations

2007-11-01 | R Brent Cooper

In independent counsel situations, who determines what costs are reasonable? Brent Cooper and Dana Harbin peruse state positions.

Claims Practices

Use Licensed Experts in Claims Litigation

2007-08-01 | Barry Zalma

An Illinois decision requiring experts to be licensed in the state before testifying could be problematic. Barry Zalma explains.

Courts and Coverage

Surface Water Exclusions in the Homeowners Policy

2007-07-01 | R Brent Cooper

Brent Cooper and Dana Harbin discuss cases in several jurisdictions where the surface water exclusion has been ruled inapplicable.