Articles

What Additional Living Expense/Loss of Use Coverage Means to California Fire Victims

The skies are filled with smoke, and thousands of homeowners being evacuated from their homes in Southern California. It has been a weekend of devastation with the fires still ablaze. Our Saturday night’s plans changed suddenly when we spoke to …

Claim Investigation: When the Insured Raises the Fifth Amendment Privilege

In rare cases an insured may face criminal exposure from a third-party liability producing event or because of a fraudulent claim submission in the first party property context. The latter typically arises with respect to arson claims. Courts universally found …

Under the Radar

Insurers can’t afford to underestimate the effect that even the smallest claim can have on their bottom line. By investigating claims with red flags, regardless of their size, insurers can deter criminals from future attempts at insurance fraud. Although every …

Replacement Cost Violates Indemnification Rule

Assertion: Replacement cost violates the principle of indemnification as the insured is placed in a better position than existed immediately prior to the loss. For instance, the insured’s five-year-old production machine is destroyed by a covered cause of loss and …

Appraisal Provisions In Property Policies – Part 2

Presented at PLRB/LIRB claims conference April 13-16, 2008 in Boston, Mass by Andrew P. Rock, attorney, The Rock Law Group, Rick L. Hammond, attorney, Johnson & Bell and Lisa Cronin, coverage counsel, St. Paul Travelers Property & Casualty Co. Please …

Appraisal Provisions for Property Policies, Part 1

Presented at PLRB/LIRB claims conference April 13-16, 2008 in Boston, Mass by Andrew P. Rock, attorney, The Rock Law Group, Rick L. Hammond, attorney, Johnson & Bell and Lisa Cronin, coverage counsel, St. Paul Travelers Property & Casualty Co. Please …

Reservation Of Rights Letters

Based on the PLRB seminar presentation on Reservation of Rights Letters by Veronica M. Bates, Hermes Sargent Bates, LLP and Renee C. Callantine, Chapman Popik & White LLP. Different rules of law may apply in different jurisdictions. This outline only …

Effectively Using E-Sign to Underwrite UM/UIM Coverage

In most states, insurance companies are required to offer uninsured motorist (UM) and underinsured motorist (UIM) coverage as part of an automobile liability policy. Typically, underwriting must offer UM/UIM coverage in writing. Failure to provide a written offer of UM/UIM …

A Different Perspective on Payment of Profit and Overhead When Insureds Do Repairs

In a typical property loss situation the insured’s personal dwelling sustains damage. The insurance company may offer the insured to “cash out” the repair claim. When this occurs, the insurance company will typically pay the insured the difference between a …

Conducting the Claims Orchestra

Today’s claims environment extensively differs from that of past years. And the decision makers in claims today differ from those of prior eras. We gather information, process it and analyze it in ways unimaginable in past years. How claims are …

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