Will Discovery Unlock Your Claim File? Federal or State Court Jurisdiction Could Make The Difference
Differences between federal court and state court procedure can be important for insurers that find themselves …
When is Rescission Based Upon Material Misrepresentations The Proper Course of Action?
Carriers rely on application representations regarding the existence of potential claims. Sometimes, the carrier learns after …
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Avoid Inconsistent Communications By “Revolving Door” Adjusters
In CE and CLE courses, we hear all the time that the most often cited reason …
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Florida Regulators Approve Policy Language Aimed at Limiting “Assignments of Benefits” Claim Practice
Insurance companies that write property risks in Florida are getting in line to request approval from …
Reservation of Rights Letters Help Avoid Prejudice in the Third Party Context
When discussing bad faith in the third party context, most of the discussion properly centers on …
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Florida High Court – UM Insured Entitled to Liability/Damages Determination Before Filing Bad Faith Action
Petitioner Adrian Fridman (“Fridman”) was injured in an automobile accident involving an underinsured motorist. Fridman filed …
New Jersey Supreme Court Upholds Strict Enforcement of Notice Provisions in Claims Made Policies
The New Jersey Supreme Court recently revisited its earlier decision in Zuckerman v. National Union Fire …
Virginia Holds Determination Whether Insurer Acted In Bad Faith Must Be Made By The Judge And Not The Jury
This country’s courts are split on whether the decision to award attorney’s fees in bad faith …
Texas Court: No Prejudice Required to Deny for Late Reporting Under a Claims-Made Policy
This summer in Nicholas Petroleum, Inc. v. Mid-Continent Cas. Co., 2015 WL 4456185, 2015 Tex. App. …
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Texas Supreme Court Declines Opportunity to Review Appellate Decision Clarifying Insurer’s Settlement Obligations In Multi-Plaintiff/Multi-Insured Context
Last year in Patterson, et al. v. Home State County Mut. Ins. Co., 2014 Tex. App. …