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Florida Supreme Court Limits Economic Loss Doctrine to Product Liability Cases

In what will go down in legal history as one of the clearest and most forthright decisions in recent memory, the Florida Supreme Court has issued an opinion which limits the application of the Economic Loss Doctrine (ELD) to cases …

Seventh Circuit Says Replacement Cost Claim Survives Sale of Property

The Seventh Circuit Court of Appeals recently held that a claim for replacement costs under a property insurance policy survives the insured’s sale of the damaged property. In Edgewood Manor Apartment Homes, LLC v. RSUI Indem. Co., 2013 U.S. App. …

The ‘Marring’ Exclusion Makes Its Way Across Florida

In July 2013, Florida’s Fourth District Court of Appeal held in Ergas v. Universal Property & Casualty that there is no coverage for tile damage caused by a dropped object. Since then, Florida’s Second and Third Districts have issued similar …

Sinkhole ‘Structural Damage’ Definition Sliding in Insurers’ Favor

An ongoing debate in sinkhole claims and litigation is whether the legislature intended for Florida insurers to provide coverage for sinkhole activity that causes aesthetic damage only. In 2005, the legislature enacted Section 627.706, requiring that insurers provide coverage for …

New Mexico Supreme Court Holds Assignment of Subrogation Interest Ineffective

Urban legends and old wives’ tales are everywhere. If you eat within an hour of swimming, you will get cramps. Chocolate causes acne. Carrots improve your vision. You can catch a cold by standing outside in the cold. You can …

Sixth Circuit Highlights the Importance of Policy Definitions

In one of the more unusual cases interpreting terms of an insurance policy, the Sixth Circuit Court of Appeals has highlighted the importance of policy definitions. In Bennett v. State Farm Mut. Auto Ins. Co., 2013 U.S. App. LEXIS 19494, …

The Great Recession’s Effect on Workers’ Compensation Claims Frequency: NCCI

The Great Recession of 2007-2009 was the most serious and long-lasting economic contraction since the Great Depression. The recession and its modest recovery had a considerable influence on workers’ compensation claim frequency, according to a new study by the National …

Vehicle Motor Accident Linked to Brain Miscalculation

Recent research by a Texas Tech University psychologist suggests that an object’s size affects distance perception, which could explain the basis of car drivers miscalculating motorcyclists’ distance and speed. The regularity of this problem isn’t necessarily a case of poor …

Business Moves

KKR, Mitchell KKR & Co., a private-equity firm, agreed to buy Mitchell International Inc. from Aurora Capital Group, a Los Angeles-based private-equity firm, in a transaction valued at more than $1 billion, including debt. Mitchell, based in San Diego, provides …

2013 Salvage Vendors Guide

Claims Journal is pleased to publish the 2013 Salvage Vendors Guide, designed to help claims professionals find service providers able to assist in the sale of salvage. For more information on this directory, contact Howard Simkin at hsimkin@claimsjournal.com. Amset Technical …

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