Articles by Andrew G. Simpson

State Farm Wins Dismissal of Homeowners’ Class Action Over Use of Xactimate Software

A federal judge has dismissed a proposed class action filed on behalf of Pennsylvania homeowners who believe that State Farm undervalued their property damage claims in its use of the Xactimate software that is popular with insurers. The lead plaintiffs, …

Frito-Lay Employee’s Injury in Hoops Tourney Out of Bounds for Workers’ Comp

A forklift driver for Frito-Lay who injured his achilles tendon playing in a company basketball game is not covered by workers compensation. The Virginia Workers Compensation Commission (VWCC) upheld the denial of benefits because the employee’s voluntary participation in the …

Insurers Escape Coverage for Parents Accused of Hiding Son’s Murder Weapon

A Pennsylvania husband and wife are not covered by their homeowners or personal umbrella insurance policies for claims they inflicted emotional distress by hiding the gun their son used to kill a friend and thus delaying discovery of the victim’s …

Insurer Seeks to Exit $30 Million Wrongful Death Lawsuit Over Boy’s Fatal Shooting

An insurance company says it is not obligated to defend or indemnify the owners and managers of a Memphis apartment complex who are facing a $30 million wrongful death lawsuit stemming from the fatal shooting of a 14-year old boy …

Diminished Value Not Covered by Standard Auto Policy, State High Court Rules

The Massachusetts standard auto policy does not require an insurer to pay inherent diminished value (IDV) to a claimant whose vehicle is damaged by one of its insureds. The Massachusetts Supreme Court in a 6-0 ruling has upheld dismissal of …

Fire-Damaged Cannabis Grower Loses $1.3 Million Business Income Loss Claim

A cannabis growing company has lost its bid to have its insurer cover $1.3 million in claimed business income losses after a building fire damaged almost 1,000 of its marijuana plants and shuttered one of its “flowering” rooms. A federal …

Injured While ‘Simply Walking’ Not Covered by Workers’ Compensation

Not all accidents are compensable merely because they happen at work, the Virginia Workers’ Compensation Commission (WCC) reminded in denying workers’ compensation benefits to a school bus driver for an injury that happened while he was simply walking from his …

He Saved the Chocolates But Lost His Workers’ Compensation Insurance

An employee who was injured when rescuing chocolate candies from the heat in his employer-owned delivery truck is not due workers’ compensation benefits. The Virginia Workers’ Compensation Commission (WCC) upheld a deputy commissioner’s denial of benefits, agreeing that Ronald Mark …

Court Nixes Workers’ Compensation for ‘Light Beer’ Drinking UPS Driver

A United Parcel Service (UPS) driver who was intoxicated when he crashed his semi-trailer delivery truck has been denied workers’ compensation benefits. Delaware Superior Court Judge Kathleen Vavala last week reversed a state Industrial Accident Board (IAB) ruling that Timothy …

Blacks and Hispanics Pay More for Auto Insurance. Study Tries to Answer Why.

A new study examining potential unintentional bias in auto insurance finds that while Black and Hispanic drivers pay more than other drivers for coverage, they also have more claims and driving infractions. The study’s authors accept that higher losses and …