Makers of energy drinks have started to include alcoholic content in order to receive a greater market share of the youth in college student market. Unlike regular alcoholic beverages, the new alcoholic plus energy stimulants mixed drinks have been causing …
Recently, the Nebraska Supreme Court was asked to decide whether theft coverage existed for a mover’s refusal to complete the delivery of an insured’s property unless the insured paid the movers additional money, in cash, or by wire transfer. In …
“Pollution” is typically defined in the standard general liability policy as “any solid, liquid, gaseous, or thermal irritant or contaminate including smoke, vapor, soot, fumes, acids, alkaloids, chemicals and waste.” The question of whether a particular material is a “pollutant,” …
Does the insurance policy’s implied covenant of good faith and fair dealing require the insurer to show its insured the insurance company’s investigative file before requiring the insured to submit to an examination under oath? This question was recently answered …
The concurrent causation doctrine has been adopted by a majority of states. A question of concurrent causation arises where a liability insurance policy provides coverage for an accident caused jointly by an insured risk and by an excluded risk. Concurrent …
Does a carbon monoxide leak in a duplex apartment building constitute a single occurrence or multiple occurrences for purposes of liability insurance? This question was recently answered by the West Virginia Supreme Court of Appeal in Kosnoski v. Rogers, 2014 …
Subrogation permits a party who has paid a debt to step into the shoes of another (usually the debtee) to assume his or her legal rights against a third party to prevent that party’s unjust enrichment where a loss has …
The insurance company’s duty to defend commonly requires the insurance company to hire legal counsel although that requirement may not be present in every case. The issue of dual representation recently came before the Montana Supreme Court in State Farm …
With federal and state legal climates changing frequently, adjusters need to be at the top of their game when handling litigated claim files. The following list contains the top ten contributed articles authored by industry legal experts: 1) Understanding Comparative …
Standard insurance policies exclude coverage for sexual misconduct. As an example, with respect to sexual molestations, the sexual misconduct may not constitute an accident triggering coverage under the insuring clause of the policy. See Steven Plitt and Jordan R. Plitt, …