Claims, Case Law, and Legal Articles

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Claims Practices

Fraudulent Application Can Haunt the Broker

2004-12-01 | Barry Zalma

Barry Zalma discusses a recent California case holding that if the broker knew the application contained false information, it can be held liable to the insurer for resulting damages.

Courts and Coverage

"No-Fault" Coverage Insures Injuries Arising Out of the Use of a Vehicle

2004-11-01 | R Brent Cooper

Brent Cooper and Dana Harbin look at court rulings on the issue of whether personal injury protection coverage applies when non-collision injury occurs, but the vehicle is somehow involved.

Litigation Management

Litigation Management—Proactive or Reactive Budgeting?

2004-11-01 | Michael R Boutot

Budgeting can be a very valuable tool if done in a proactive mindset, yet keeping past mistakes in mind. Michael Boutot explains the goals and pitfalls.

Personal Lines Claims

Adjusting Residential House Fires

2004-10-09 | George Epps

Adjusting a house fire is a difficult endeavor under the best of circumstances. George Epps looks at fire claims where the coverage is on an actual cash value basis.

Claims Practices

California Supreme Court Rules: Ordinary Negligence Involving Toxic Chemicals Not Pollution

2004-09-01 | Barry Zalma

Barry Zalma examines a recent California Supreme Court ruling which concluded that the CGL pollution exclusion does not exclude ordinary acts of negligence involving toxic chemicals.

Courts and Coverage

Diminishing Value: The Trend against Coverage under Personal Automobile Policies

2004-09-01 | R Brent Cooper

Brent Cooper examines 2003 state supreme court rulings that personal auto policies do not obligate insurers to compensate insureds for diminished value when their vehicles are fully repaired.

Courts and Coverage

"Controlled Substance" Exclusion in Homeowners Policy Bars Coverage

2004-09-01 | Richard T Valentino

In this personal lines courts and coverage column, Richard Valentino examines recent cases dealing with insurance coverage for drug dealer liability.

Claims Practices

Mold and Fungi Insurance Claims

2004-08-01 | Barry Zalma

"Mold is gold," according to some in the claims industry. Barry Zalma looks at the growth of these claims, the science behind them, the case law, testing, and remediation.

Claims Practices

Stacking Insurance Limits

2004-07-01 | Barry Zalma

Barry Zalma explains why it is essential to examine the law of the jurisdiction relating to stacking of policy limits and self-insured retentions before making a decision on how to handle a claim.