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Uber, Lyft and New York Loss Transfer

Ridesharing has officially arrived in New York, and confusion over New York no-fault insurance and PIP Loss Transfer has arrived with it. On June 29, 2017, the New York State Assembly approved, and Governor Andrew Cuomo signed, the state’s $153 …

Answers to 5 Common Questions About Writing

Are there any questions I can ask myself before starting to write that will help me focus my message? Your effectiveness as a writer depends on how well you identify the reader and respond to his or her needs. Before …

Claims Writing Coach: Avoiding Clichés

Clichés are trite written or verbal expressions that are used over and over, eventually wearing themselves out and communicating very little. At first, a phrase is coined and gains popularity (e.g., “Enclosed please find,” “do not hesitate to call,” “point …

Owner Liability For Damage Caused By Stolen Vehicles

A vehicle slams into a group of vehicles stopped at a red light, only to quickly drive away from the scene. This fact scenario almost always involves operating under the influence or a stolen vehicle. In the case of a …

Coinsurance and Other Insurance Policy Clauses Don’t Mix

In a methodically crafted decision filed January 18, 2018 on cross-motions for summary judgment, Stefan R. Underhill, judge of the United States District Court for the District of Connecticut, ruled that a business property insurance policy containing “Other Insurance” and …

Using Microsoft Word’s Comment Feature to Point Out Issues in Letters

Microsoft Word allows you to comment on another person’s document. I find it helpful to point out mistakes or comment on the structure and phraseology of some of the claims letters I am shown during a webinar or seminar. The …

Some Troublesome Words, Part 1

What’s the difference between “insure” and ensure”? And can you differentiate among “to,” “two,” and “too”? One claims adjuster told me this insure/ensure mix-up was one of his major pet peeves: “Ensure! Please don’t tell me you can ‘insure a …

Medical Billing, Insurance Write-Offs and the Collateral Source Rule

Recovery of Medical Expenses in Personal Injury Actions Generally To recover damages for past medical expenses in a personal injury lawsuit, a plaintiff must present evidence and prove that the medical expenses incurred were both “reasonable” and “necessary.” For more …

Business Income Insurance Covers Continuing Expenses Without Reduction for Insured’s Operating Loss

It is typical for business income insurance, the modern version of business interruption coverage, to provide for two components of actual loss of business, namely (1) net profit or loss before income taxes that would have been earned or incurred …

Ridding Your Writing of Redundancy

Redundancy is a type of wordy phrase in which, usually, one word is giving the message and the other word is, in a different way, repeating the message. In the phrase “VIN Number,” the term “VIN” already means Vehicle Identification …

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