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Claims, Case Law, and Legal Articles


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Defense and Settlement

Fifth Circuit Finds Defense Duty for Credit Card Data Breach

2021-08-12 | Lyndon F Bittle

Giving "publication" the broadest possible definition, the court held for the insured. Lyndon Bittle relates the case.

Claims Practices

The Many "Victims" of "Mostly Peaceful Demonstrations"

2021-07-02 | Barry Zalma

Barry Zalma takes issue with calling the 2019–2020 riots "victimless" and looks at those impacted.

Defense and Settlement

Texas Supreme Court Holds Insurer Not Liable under Stowers

2021-05-07 | Lyndon F Bittle

The insured's liability must be in excess of policy limits but can arise from a judgment or settlement. Lyndon Bittle relates the case.

Claims Practices

Insurance Fraud by Agent Is Fraud by Insured

2021-04-23 | Barry Zalma

A false home loss estimate by a "consultant" that is adopted by an insured is fraud. Barry Zalma relates the case.

Claims Practices

Professional Insurance Adjusting and Insurance Fraud

2021-02-05 | Barry Zalma

Barry Zalma looks at the role of the claims adjuster and offers a suggestion for fighting fraud.

Claims Management

The Dilemma of Insuring Virus Claims

2021-01-15 | Christopher E Mandel

The Dilemma of Insuring Virus Claims—It's going to take risk mitigation strategies as well as risk transfer, per Chris Mandel.

Defense and Settlement

Texas Supreme Court Confronts Another Stowers Question

2020-11-25 | Lyndon F Bittle

Is an excess judgment required? Lyndon Bittle relates the case.

Claims Practices

Insurer Loses Summary Judgment by Claiming Evidence It Never Had

2020-11-13 | Barry Zalma

Barry Zalma relates a case where the insurer failed to prove all elements of the motion.

Claims Practices

Conversion Is an Intentional Tort and Can Never Be an Occurrence

2020-10-16 | Barry Zalma

There's no duty to defend if there is no occurrence. Barry Zalma relates a case alleging theft.

Claims Management

Telemedicine in the Age of the Pandemic

2020-10-02 | Christopher E Mandel

Telemedicine in the Age of the Pandemic—Telemedicine and its derivatives are more relevant than ever during COVID-19. Chris Mandel explains.