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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.

Courts and Coverage

Lessons from Recent COVID-19 Business Interruption Decisions

2020-09-11 | David M Knapp

Lessons from Recent COVID-19 Business Interruption Decisions—David Knapp relates the threshold requirement of "direct physical loss or damage" in recent pandemic litigation.

Claims Practices

It's Not Nice To Lie to Your Insurance Company

2020-08-07 | Barry Zalma

Barry Zalma relates a case where fraudulently obtained no-fault insurance was subject to rescission.

Defense and Settlement

The Eight-Corners Rule Is Alive and Well in Texas

2020-07-31 | Lyndon F Bittle

Lyndon Bittle relates two recent cases involving this rule and the "very narrow" Northfield exception.

Claims Management

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

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.