Claims, Case Law, and Legal Articles
Latest Articles
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.
Courts and Coverage
Is Seller's Failure to Disclose Known Defects to Buyers a Covered "Occurrence"?
2005-01-01 | Richard T Valentino
Richard Valentino and Michael Resis examine cases illustrating the different approaches taken by courts on homeowners' coverage for claims arising from the sale of homes with latent defects.
Litigation Management
Court Reporting/Deposition Services: What You Should Know
2005-01-01 | Michael R Boutot
In this quarter's Litigation Management column, Michael Boutot takes a look at the role of court reporters, their history, types, qualifications, functions, and cost factors.
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
Is Seller's Failure to Disclose Known Defects to Buyers a Covered "Occurrence"?
2005-01-01 | Richard T Valentino
Litigation Management
Court Reporting/Deposition Services: What You Should Know
2005-01-01 | Michael R Boutot
Courts and Coverage
"No-Fault" Coverage Insures Injuries Arising Out of the Use of a Vehicle
2004-11-01 | R Brent Cooper
Litigation Management
Litigation Management—Proactive or Reactive Budgeting?
2004-11-01 | Michael R Boutot
Claims Practices
California Supreme Court Rules: Ordinary Negligence Involving Toxic Chemicals Not Pollution
2004-09-01 | Barry Zalma
Courts and Coverage
Diminishing Value: The Trend against Coverage under Personal Automobile Policies
2004-09-01 | R Brent Cooper
