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Courts Consider Effect of Employee Classification on Coverage

A person’s classification as an employee, temporary worker, or independent contractor can often affect various insurance coverages. While the distinction arises frequently in the context of workers’ compensation claims and unemployment benefits, it can also impact coverage grants and exclusions …

Subrogating Court-Ordered Criminal Restitution

The recent riots in Ferguson, Miss., have resulted in property damage in excess of $5 million, and the total is climbing. However, these riots don’t even come close to the $1.2 billion in damages during the costliest civil disorder in …

UIM Coverage and Multiple Tortfeasors

Underinsured motorist (UIM) coverage allows insureds to seek recovery from their own insurance company when an at-fault driver is underinsured—carrying less liability coverage than necessary to cover the injured party’s claim. While UIM coverage offers important protection and is often …

When Knowledge is No Longer Power: Knowledge Management in Insurance Claims Litigation

Knowledge is No Longer Power Back in 1597 when Sir Francis Bacon wrote “scientia potential est,” which translates to “knowledge is power,” he could have never predicted that technology would eventually paralyze large companies with too much knowledge. Today, knowledge …

Indiana Announces Subrogation-Friendly Rule

When Landlord’s Carrier Seeks Recovery Against Negligent Tenant An Indiana Court of Appeals decision issued on October 28, 2014 changes the landscape of landlord/tenant subrogation in the Hoosier State. For years, Indiana allowed an insurer to bring a subrogation claim …

Insurer Responsible for Continuous Water Damage Discovered After Policy Period

A threshold question for insurance coverage is whether an event occurred to trigger coverage under the policy. Various theories of coverage triggers may apply depending on state law, the policy language, and the nature of the event or loss. An …

Transfer of Auto Ownership and Insurance Considerations

Two cases from New York recently explored the issue of when ownership of a vehicle transfers to determine how insurance coverage applies. The ownership of a vehicle can have significant implications on the applicability of insurance coverage, but with certain …

Claiming What’s Yours: Why Homeowners Insurers Need Claims Litigation Analytics

Series Summary Insurance executives should be asking a lot of questions right now. They should wonder why their outside law firms haven’t adopted available technology that could eliminate expenses for routine legal work. They should ask their law firms why, …

7,540 Reasons to Include Your Insured’s Deductible in Your Subrogation Claim

Insured motorists are called upon every day to pay their deductibles in order for their carriers to cover the necessary repairs to their motor vehicles after accidents. Many carriers refuse to include those deductibles in the subrogated claims they make …

Document Assembly and Automation: Making Easy Things Easy

Series Summary Insurance executives should be asking a lot of questions right now. They should wonder why their outside law firms haven’t adopted available technology that could eliminate exorbitant expenses for routine legal work. They should ask their outside law …

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