Claims, Case Law, and Legal Articles
Latest Articles
Courts and Coverage
Even More Confusion Regarding the "Damage to Property" Exclusion
2024-06-07 | David M Knapp
David Knapp relates decisions by the Eleventh Circuit Court of Appeals that only add to the confusion.
Claims Practices
Pollution Exclusion Deters Corporations from Polluting
2024-03-29 | Barry Zalma
Barry Zalma relates a case where the insureds' dumping toxins into the city's sewer system clearly fell within the policy's pollution exclusion.
Case Law
Do Liability Policies Cover Suits Related to the Opioid Epidemic?
2024-02-21 | Jes Alexander
Learn about the ongoing battle over whether liability coverage exists for lawsuits brought by local and state governments seeking costs related to the opioid crisis, including a major recent decision out of California.
Claims Practices
Court Must Agree When Parties Agree to Appraisal
2024-01-19 | Barry Zalma
Barry Zalma relates a case involving appraisal of damages caused by Hurricane Ian.
Claims Practices
Insurer Has No Duty to Accept Absurd Settlement Offer
2023-10-12 | Barry Zalma
Barry Zalma relates a recent case where the insurer was under no legal duty to its insured to accept more than five times the policy limit.
Claims Practices
Notice-Prejudice Rule Doesn't Apply to Claims-Made-and-Reported Policy
2023-07-21 | Barry Zalma
Barry Zalma relates a recent Kentucky Supreme Court case.
Construction Law
Construction Business in Challenging Times
2023-07-07 | Robert J Miletsky
Fulfilling contracts and being paid and dealing with undocumented workers are critical issues for construction firms. Robert Miletsky explains.
Claims Practices
Mortgagee Has No Right to Insurance Proceeds after Debt Paid
2023-05-12 | Barry Zalma
Barry Zalma relates a case holding that satisfaction of a mortgage eliminates the right of the mortgagee to recover from a homeowners policy.
Claims Practices
Building Must Fall to Trigger Collapse Coverage
2023-01-04 | Barry Zalma
Where policy requires an abrupt collapse, the court rules no coverage for a still-standing building. Barry Zalma explains.
Regulation and Compliance
How Are Commercial Service Contracts Regulated?
2022-12-01 | Aaron E Lunt
Aaron Lunt discusses the key considerations in determining how states regulate business service contracts.
Courts and Coverage
Even More Confusion Regarding the "Damage to Property" Exclusion
2024-06-07 | David M Knapp
Case Law
Do Liability Policies Cover Suits Related to the Opioid Epidemic?
2024-02-21 | Jes Alexander
Claims Practices
Notice-Prejudice Rule Doesn't Apply to Claims-Made-and-Reported Policy
2023-07-21 | Barry Zalma
Claims Practices
Mortgagee Has No Right to Insurance Proceeds after Debt Paid
2023-05-12 | Barry Zalma
