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Claims, Case Law, and Legal Articles


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Claims Management 03

Presumption of WC Claim Compensability in the Age of COVID

2020-07-03 | Christopher E Mandel

Presumption of WC Claim Compensability in the Age of COVID—From the "Grand Bargain" to the pandemic, Chris Mandel looks at the impacts.

Courts and Coverage

The Two "I's" of Risk Transfer: Indemnity and Insurance

2020-06-12 | David M Knapp

The Two "I's" of Risk Transfer: Indemnity and Insurance—Scope matters. David Knapp explains the concepts and applications.

Construction Law

Modify Construction Documents in Light of COVID-19

2020-05-15 | Robert J Miletsky

Modify Construction Contracts in Light of COVID-19—Reexamine partial releases, waivers of lien, and language on time extensions, per Robert Miletsky.

Defense and Settlement

Texas Recognizes Collusion as Exception to Eight-Corners Rule

2020-05-15 | Lyndon F Bittle

Lyndon Bittle discusses the recent Loya collusion exception to the eight-corners rule.

Claims Practices

Failure to Give Notice Defeats Coverage

2020-04-17 | Barry Zalma

Failure To Give Notice Defeats Coverage—Judgment creditor who did not comply with policy condition had no coverage. Barry Zalma relates the case.

Construction Law

Personal Guarantees in Construction

2020-04-17 | Robert J Miletsky

Personal Guarantees in Construction—Know the facts, the risks, and the implications. Robert Miletsky reviews these and more.

Claims Management 03

Claims Management and Effective Risk Management

2020-03-20 | Christopher E Mandel

Claims Management and Effective Risk Management—Claims are the outgrowth of risk and exposure. Chris Mandel relates their relationship.

Courts and Coverage

Coverage for Ransomware Losses under Property Policies

2020-02-28 | David M Knapp

Coverage for Ransomware Losses under Property Policies—If hardware has been impaired, there may be coverage, per David Knapp.

Defense and Settlement

Texas Court Adopts Time-on-the-Risk Allocation

2020-02-28 | Lyndon F Bittle

Lyndon Bittle discusses recent Vines-Herrin decision.

Claims Practices

Insured's Obligation To Read the Insurance Policy

2020-01-24 | Barry Zalma

Insured's Obligation To Read the Insurance Policy—Most people do not read their insurance policy. Barry Zalma explains why they should.