Claims, Case Law, and Legal Articles
Latest Articles
Claims Practices
An Adjuster Is Not a Party to an Insurance Contract
2022-04-08 | Barry Zalma
The Colorado Supreme Court makes it clear that an adjuster may not be sued for the tort of bad faith. Barry Zalma relates the case.
Construction Law
Thinking of Sending or Receiving a Wire of Funds? Use Checks Instead
2022-01-28 | Robert J Miletsky
Robert Miletsky explains why the check in the mail system works best.
Claims Practices
Malpractice Insurance Policy Rescinded When Lawyer Lies on Application
2022-01-13 | Barry Zalma
Barry Zalma relates a recent Utah case involving a lawyer's dishonesty on an insurance application.
Courts and Coverage
NY High Court Rules Disgorgement Is Not a Penalty
2021-12-16 | David M Knapp
Courts look beyond thelabel, as illustrated by this case related by David Knapp.
Claims Practices
Investigation of Qui Tam Suit Not Covered by D&O Policy
2021-11-15 | Barry Zalma
Barry Zalma relates a case finding no coverage for a qui tam suit filed before the inception of the policy.
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.
Construction Law
Thinking of Sending or Receiving a Wire of Funds? Use Checks Instead
2022-01-28 | Robert J Miletsky
Claims Practices
Malpractice Insurance Policy Rescinded When Lawyer Lies on Application
2022-01-13 | Barry Zalma
Defense and Settlement
Fifth Circuit Finds Defense Duty for Credit Card Data Breach
2021-08-12 | Lyndon F Bittle
Defense and Settlement
Texas Supreme Court Holds Insurer Not Liable under Stowers
2021-05-07 | Lyndon F Bittle
