Steven Plitt is the current successor author to Couch on Insurance, 3d. He maintains a national coverage practice with The Cavanagh Law Firm. He has been listed continuously as one of Arizona's 50 lawyers by Southwest Super Lawyers. He can be reached splitt@cavanaghlaw.com. To read additional articles by Steven Plitt, go to www.insuranceexpertplitt.com. “The majority rule on negligence of individual claim adjusters is that they do not owe a general duty of care to the insured, and therefore cannot be held liable to the insured for negligence as a matter of law.” Silon …
Some courts have concluded that law enforcement officers, while on foot, directing traffic constitutes the “use” of a police vehicle provided that the police vehicle was nearby and was part of the overall traffic management activity. See, e.g., Maring v. …
Where a liability policy has been issued or delivered in the state of New York, insurers must timely disclaim automobile liability coverage for claims involving bodily injury or death. N.Y. INS. LAW §3420(d)(2). Insurers must give written notice “as soon …
Courts in the State of Washington always present interesting appellate issues in the bad faith context. One of those interesting issues can be seen in the Washington Court of Appeals decision of Miller v. Kenny, 325 P.3d 278 (Wash. Ct. …
When faced with a mixed complaint against the insured, including covered and uncovered claims, insurers oftentimes will reserve their right to seek reimbursement for defense and indemnification payments attributable to the uncovered portion of the claim. The question of reimbursement …
In Street Surfing, LLC v. Great American E&S Ins. Co., 752 F.3d 853 (9th Cir. 2014), the Ninth Circuit Court of Appeals considered whether “close” was enough when applying a prior publication exclusion. Great American E&S Insurance Company (Great American) …
Insurance companies and their adjusting staff are well aware of basic policy interpretive rules. When determining whether the insurance company has a duty to defend a tendered complaint, the rules are stacked against the insurance company, and in favor of …
An interesting issue came before the U.S. District Court for the Northern District of California recently. In Travelers Property Cas. Co. of America v. Mixt Greens, Inc., 2014 WL 1246686 (March 25, 2014), litigation was brought because the ventilation system …
In AMCO Ins. Co. v. Employers Mut. Cas. Co., 845 N.W.2d 918 (2014), the South Dakota Supreme Court held that a successor insurance policy’s exclusion precluding coverage for property damage that commenced or occurred prior to the inception of the …
Independent Medical Examinations (IMEs) are a necessary adjunctive procedure that is recognized in most states through the judicial rules of civil procedure, and can be required by insurance companies according to the terms of their insurance policies. An IME presents …