Claims, Case Law, and Legal Articles
Latest Articles
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.
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.
Defense and Settlement
Texas Supreme Court Holds Insurer Not Liable under Stowers
2021-05-07 | Lyndon F Bittle
Defense and Settlement
Texas Supreme Court Confronts Another Stowers Question
2020-11-25 | Lyndon F Bittle
Claims Practices
Insurer Loses Summary Judgment by Claiming Evidence It Never Had
2020-11-13 | Barry Zalma
Claims Practices
Conversion Is an Intentional Tort and Can Never Be an Occurrence
2020-10-16 | Barry Zalma
Courts and Coverage
Lessons from Recent COVID-19 Business Interruption Decisions
2020-09-11 | David M Knapp