Claims, Case Law, and Legal Articles
Latest Articles
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.
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
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.
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.
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.
Courts and Coverage
Who Can Reject Uninsured Motorist and Personal Injury Protection Coverage?
2005-08-01 | R Brent Cooper
Courts and Coverage
Unmarried Cohabitants Are Not "Members" of the Same "Household"
2005-07-01 | Richard T Valentino
Courts and Coverage
Coverage Disputes Give Rise to "Independent" Counsel
2005-06-01 | R Brent Cooper
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
