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Claims Practices

Use Licensed Experts in Claims Litigation

2007-08-01 | Barry Zalma

An Illinois decision requiring experts to be licensed in the state before testifying could be problematic. Barry Zalma explains.

Claims Practices

The Lawyer as an Insurance Claims Expert

2007-05-01 | Barry Zalma

Contrary to popular opinion, Barry Zalma says a lawyer can make a good expert witness in an insurance claims dispute.

Property Insurance

When Must an Insurer Pay a Claim?

2007-05-01 | Jay M Levin

After a loss, a commercial policyholder needs to get repairs completed and business back up and running at full speed as quickly as possible. Frequently, the proceeds of the property insurance policy are necessary to accomplish this very important goal. Not all policyholders have the ability to finance repairs themselves while they wait for the adjustment process to be completed and the insurance company to pay the loss.

Property Insurance

Ensuing Loss: Getting Around a Property Policy's Defective Construction Exclusion

2007-04-01 | Jay M Levin

Jay Levin points out the logical inconsistency of a broad reading of the faulty workmanship exclusion and the narrow reading of the "ensuing loss" exception.

Catastrophe Risk Management

Defining the Characteristics of a PML Study

2007-03-01 | Nathan C Gould

A seismic/extreme wind risk assessment requires an understanding of how the risk assessment and loss data will be utilized. Dr. Nathan Gould explains.

Claims Practices

When Agents or Applicants Lie to Insurers

2007-03-01 | Barry Zalma

Barry Zalma discusses the case for rescission when full and accurate facts about the risk are not conveyed to the insurer.

Personal Risk Management

Managing the Risks of a Household Move

2007-02-01 | Jack Hungelmann

Jack Hungelmann looks at the risks of moving from one house to another, and provides strategies for handling them.

Claims Practices

Insurance Fraud Fails in L.A. Superior Court

2007-01-01 | Barry Zalma

Barry Zalma relates the importance of insurer preparation, a thorough investigation, and use of competent counsel when facing a potentially fraudulent claim.

Property Insurance

The Acts or Decisions Exclusion That Tried to Swallow the Policy

2006-12-01 | Jay M Levin

Jay Levin explains that while an acts or decisions exclusion uses extremely broad language, courts enforce it in a common-sense manner to avoid absurd results.

Property Insurance

Public Adjusters: Do Their Contracts Create Irrevocable, Enforceable Assignments?

2006-09-01 | Jay M Levin

Jay Levin explores why post-loss assignments should be clearly expressed to eliminate any ambiguity about the extent and nature of the interest assigned.