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Claims Practices

New ISO ACV Definition and California Statute

2006-03-01 | Barry Zalma

ISO responds to claims handling difficulties caused by recent California statutory changes. Barry Zalma explains.

Courts and Coverage

Homeowners Policies and Acts of Self-Defense

2006-01-01 | R Brent Cooper

Brent Cooper reviews court decisions on whether homeowners are protected by their liability insurance for damages from defensive acts.

Litigation Management

Legal Billing—Is There a Change in the Wind? A Look at the UTBMS Task Codes and the Future of Legal E-billing

2005-12-01 | Michael R Boutot

Michael Boutot describes the history of legal billing and explains the Uniform Task-Based Management System task codes and what he sees as the future of legal e-billing.

Claims Practices

Claims in a Disaster

2005-09-01 | Barry Zalma

In light of the many natural disasters this year, insureds who have never had to deal with insurance claims adjusters are confused or intimidated by the prospect. Barry Zalma provides advice.

Claims Practices

Rescission in California

2005-08-01 | Barry Zalma

Misrepresentations or concealment of material facts—whether intentional or not—can leave an insured without coverage, even for a legitimate claim. Barry Zalma looks at a recent case on point.

Courts and Coverage

Who Can Reject Uninsured Motorist and Personal Injury Protection Coverage?

2005-08-01 | R Brent Cooper

Brent Cooper and Dana Harbin look at the disparity among the state courts regarding who has the right to reject UM/PIP coverage, in what form, and under what circumstances.

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Courts and Coverage

Unmarried Cohabitants Are Not "Members" of the Same "Household"

2005-07-01 | Richard T Valentino

What constitutes a household? Richard Valentino looks at a recent 11th Circuit case where the term was deemed ambiguous and lists rulings from other jurisdictions on the topic.

Courts and Coverage

Coverage Disputes Give Rise to "Independent" Counsel

2005-06-01 | R Brent Cooper

Brent Cooper explains how the Texas Davalos case sets out how the Independent Counsel Rule should be applied and a test as to what coverage questions give rise to independent counsel.

Claims Practices

Insurance and the Law of Unintended Consequences

2005-04-01 | Barry Zalma

Barry Zalma looks at how efforts by and for the insurance industry have resulted in far greater problems: rising costs, soaring litigation, increasing fraud, and a reputation seemingly beyond repair.

Courts and Coverage

Bystander Claims—One Limit or Two?

2005-01-01 | R Brent Cooper

Whether a separate "each-person" limit applies to a bystander claim depends on whether emotional injuries are considered to be "bodily injury." Brent Cooper and Dana Harbin explain.