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Robo Claims: When Robots Injure Humans

Around the world, robots are increasingly being used to perform menial and complex labor tasks in the home and in the workplace. Robots are used in restaurant kitchens to make sushi and chop vegetables. They are also important earlier in …

Auto Liability Policy Literally Enforced to Require Named Insured’s Consent to Extend Coverage to Permissive User

A United States District Court, applying South Carolina law, found that an automobile liability insurer had no obligation to defend or indemnify a driver who was operating an insured vehicle without the named insured’s permission, even though the operator allegedly …

The 8 Deadliest Words and Phrases in Claims

As someone who teaches on-site seminars in “Effective Claims Writing,” I read hundreds of letters, memos, safety evaluation and site inspection reports, workers compensation evaluations, e-mail to brokers and loss control recommendations. Rarely do I see a document that completely …

New Author Intro and Why Claims Writing is Still Important

I am delighted to be writing a twice-monthly column on claims writing for Claims Journal. This first column will lay out writing issues to be discussed, types of letters written by claims professional and claims areas – such as auto, …

How to Sue Yourself and Win

The new American horror film “Split”, directed by M. Night Shyamalan, recently in theaters, is a psychological thriller which centers on a bizarre antagonist with 23 separate personalities. Without spoiling the plot, suffice it to say that it focuses on …

What Qualifies as an Insured Collapse?

Latest Case and Growing Trend Say it Must Fall Down or Cave in The scope of insurance coverage for collapse, first provided by the industry in 1954, has long been the subject of litigation in many jurisdictions. The arguments for …

Nightclub Policy Assault Exclusion Requires Perpetrator’s Intent in Order to Negate Liability Coverage for Gunshot Injury

Certain Lloyd’s underwriters lost their unopposed coverage motion for summary judgment based on an assault and battery policy exclusion, because a bar patron injured by gunfire did not allege she was shot as a result of a dispute, threat or …

¿Dónde Están Mis Beneficios? Workers’ Comp Claims by Undocumented Employees

Following an election cycle in which illegal immigration became a touchstone issue, it seems only appropriate that claims handlers and subrogation professionals have a clear understanding of the many nuances involving workers’ compensation claims made by undocumented employees. Indeed, with …

California Insurance Commissioner’s Authority to Regulate Insurers’ Homeowners RC Estimates

On January 23, 2017, the California Supreme Court ruled that the insurance Commissioner of that state was given the power by the legislature to specify what factors must be covered by replacement cost estimate tools used by insurers in connection …

Waivers Of Subrogation Endorsements Are Like Onions

A recent Texas Court of Appeals decision parsing the wording of a workers’ compensation policy’s waiver of subrogation endorsement reminds us that, like an onion, a waiver endorsement has many layers and should be peeled back fully before giving up …

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