Columns

NFPA 921 for Dummies: How to Play the Fire Cause and Origin Game and Win

Every year, property insurers write checks totaling nearly $15 billion in response to fire losses, large and small. Fire claims average nearly $50,000 and are the most expensive type of claim filed, followed by hail claims at $11,000. Claims professionals …

Auto Policy Delivery or Business Use Exclusion Held Ambiguous

Twice in the last four years American Access Casualty Company, a non-standard private passenger automobile insurer based in Downers Grove, Ill., has been judicially warned in decisions of intermediate appellate courts of two different states (Illinois and Indiana) that its …

Slower Traffic Keep Right: A Summary of State ‘Keep Right’ Traffic Laws

It is the universal trigger and a pet peeve of millions of drivers. You’re making good time traveling 75 mph in the left lane of a freeway with a 70 mph posted speed limit. You tap your brakes, turning off …

Surveying Your Department’s Claims Writing Issues

To help you solve your claims writing problems – or those of your colleagues – I have put together a list of 20 topics that claims executives tell me are of concern to them. These topics can harm customer service, …

Texting While Driving on the Rise Despite More Laws Banning it

It’s going to be a banner year for trial lawyers and a tough year for auto insurers. More than 3,000 people are killed on U.S. roads every year in distracted driving crashes, and the use of cellphones while driving has …

Do Your Claims Letters Contain the Appropriate Tone?

There’s no good reason to make an enemy of the claimant or, if in litigation, the opposing attorney. We reveal ourselves in our claims letters and their tone. Is the tone nasty? Negative? Arrogant? Your job is to make your …

Faulty Workmanship, Even if Charged as Negligence, Isn’t Fortuitous Enough to Be an “Occurrence” Under Liability Policy

Every once in a while, a court teaches us by judicial decision an entire chapter of insurance law lessons we can carry with us, secure in the knowledge that we can reason our way to the right result in insurance …

The Cost of Subrogation Procrastination

Delays in Referring File to Subrogation Counsel Can Be Expensive In July 2017, we published a somewhat controversial article in the Claims Journal,Ten Subrogation Mistakes Insurance Companies Keep Making. Thirty-four years of subrogation litigation experience had distilled ten of the …

Knowing Where to Put A Comma

The following sentences are missing commas. See if you can put them in their proper places and ask yourself to supply the rule or reason for your decision. Mr. Polk signed a second agreement on November 2, 2017 which restored …

Court Waxes Shakespearean in Denying Property Insurance Claim for Counterfeit Wine

The California Court of Appeal began and ended its insurance coverage opinion of March 7, 2018 with the Bard’s wisdom. The court clearly got it right in denying property insurance coverage for the victim of counterfeit wine sales, and it …

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