For uninsured motorist coverage to apply, vehicle liability policies provide that the injury to the insured must be “caused by accident and arise out of the ownership, maintenance, or use of an uninsured auto.” The “arising out of” clause defines …
Insurers in New York have an “exceedingly broad” duty to defend their policyholders against any claim that is potentially covered by the policy. Regal Constr. Corp. v. Nat’l Union Fire Ins. Co. of Pittsburgh, Pa., 930 N.E.2d 259, 261 (N.Y. …
Disaster response is at the core of the claims professionals’ mission and purpose. It is in times of disaster when claims adjusters can mean the most to policyholders. As we approach the one year anniversary of one of the most …
Expert guidance and testimony play a central role in the late stages of legal proceedings, when experts provide reports and serve as witnesses concerning the substance of the case and the appropriate damages. In the hope of minimizing fees, many …
The claimant’s attorney forwards a policy limits demand to your insurance company with a short fuse deadline. The insurer has little time to react or assess the demand’s reasonableness. The demand may come before there has been adequate time for …
As a part of its effort to insure enactment of uniform insurance laws, the National Association of Insurance Commissioners (NAIC) drafted the Unfair Claims Settlement Practices Act which required specific insurance adjuster conduct and claims handling. The Model Act, which …
Many adjusters don’t have a clear understanding of what constitutes insurance bad faith. The tort of common law bad faith is an outgrowth of judicial concern that the insurance industry could employ improper economic motivation to delay or refuse to …
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 …
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 …
Every year as the fourth of July nears, Mike Rowe, State Auto Insurance Co. recalls an auto claim he handled a few years ago. The case involves an insured infatuated with fireworks. He loved them so much he spent a …