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Use of Aftermarket (Non-OEM) Crash Parts in Repair of Damaged Vehicles

According to a 1999 study commissioned by the Alliance of American Insurers (AAI), if you were to build a $25,000 vehicle using only Original Equipment Manufacturer (OEM) parts, it would cost you over $100,000. When repairing vehicles damaged in accidents, …

Are Your Letters Filled With Old-Fashioned Phrases?

Old-fashioned words and phrases clutter up claims letters, detract from a professional image and do not belong in your templates or free-form missives. I’ll list a few of these phrases and comment on each. You’re invited to disagree and to …

10 Tips on Responding to Claimant Complaints

Although insurance carriers care deeply about the approval ratings from their policyholders, claims responses to claimant complaints are often stodgy, mistake-ridden and vague. The following 10 brief tips will help you catch and correct problems before sending out these important …

Seat Belt Defense In All 50 States

Subrogation professionals must become familiar with an increasingly used defense in the litigation of auto insurance subrogation cases. Even if the insured is totally free from fault in the operation of the insured’s auto, not wearing a seat belt could …

How Weasel Words Weaken Your Writing

While it is proper to admit not being sure of a fact, some claims people get carried away with the use of “weasel words,” sprinkling them liberally throughout letters to claimants, attorneys, physicians and commissioners. As I review writing samples …

No Duty to Defend, Indemnify in Ohio Molestation Claim Unless ‘Scope of the Allegations’ Test Met

Jodee Edwards had a home and auto insurance policy issued by insurer Encompass that excluded coverage for loss “arising out of sexual molestation, corporal punishment, or physical or mental abuse.” Edwards was sued in January, 2016 for negligent supervision of …

The Trouble With ‘Which’ and ‘That’

In my book, The Elements of Business Writing (Pearson Education), I have a section on “Misused and Troublesome Words.” Among the most troublesome pairs of words in English are which and that. Most people use them interchangeably, but each has …

Navigating The Anti-Subrogation Rule

Subrogation is the legal doctrine which allows one party, usually an insurance company, that pays a loss by its insured which was caused by a third party, to take over the rights of its insured against the third party and …

Conquering the Apostrophe

After the comma, the second most difficult punctuation mark to master is the apostrophe. Apostrophes are troublesome because there is no universal agreement about the rule that states that single nouns, including those ending in “s”, add ” ‘s.” There …

Federal Arbitration Act Governs Property Insurance Appraisals

In a decision filed July 14, 2017, the US District Court for the Central District of California invoked the Federal Arbitration Act (FAA) in refusing to vacate an insurance appraisal award determining the value of insured tools stolen from their …

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