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. Placing the value on bodily injury claims is inherently speculative. To remove some of the guess work from ascertaining a proper value for general damages, some insurance companies utilize a comprehensive software program called Colossus. The Colossus software attempts to …
Before the duty to defend arises, three conditions must be met: (1) it must be established that the policy contains a contractual agreement to defend; (2) there must be a “suit” filed against the policyholder; and (3) the policyholder must …
Resident of household exclusions in homeowners policies have been upheld as valid and enforceable and not violative of public policy. For the household exclusion to apply, the claimant must qualify as a resident of the same household of a named …
Coverage questions arise in automobile liability where family members, as additional insureds, are living apart from the household of the named insured. Courts have reached differing results regarding insured status for the separated spouse or family members. Often, the reason …
It is not uncommon in UM/UIM claim submissions for the attorney representing the insured to refuse a request for an independent medical examination (IME) unless the insurance company will waive its right to any additional IMEs in the future. This …
Coverage questions arise in automobile liability where family members, as additional insureds, are living apart from the household of the named insured. Courts have reached differing results regarding insured status for the separated spouse or family members. Often, the reason …
The Florida Legislature has statutorily prohibited public adjusters from contacting loss victims within 48 hours following the loss. The state of Florida has been subjected to several devastating hurricanes resulting in catastrophic widespread property loss. As a result of these …
In the past decade, many courts and state legislatures have considered the issue of whether automobile policies provide coverage for diminished value of a repaired vehicle after a collision has occurred. Courts that have considered the issue have reached varying …
Recently, the Colorado Court of Appeals found that a road rage incident involving the use of a vehicle to block a second car in order to commit an assault of the occupants of the second car did not involve the …
California courts recognize that every insurance policy issued in the state of California contains an implied in law covenant of good faith and fair dealing. See, e.g., PPG Industries, Inc. v. Transamerica Ins. Co., 20 Cal.4th 310, 84 Cal.Rptr.2d 455, …