Articles by Jim Sams

‘Extra’ Apartment Doesn’t Allow Insurer to Rescind Policy After Fire Damage Claim Filed

New York City housing is often jammed into tight spaces. Old houses are carved into several apartments. Not all of them are legal. Alexi Home Design’s property in the Bronx had two official residences on the main floor and an …

Six Claims Management Providers Join Forces as Claim Assist Solutions

Six independent claims shops are joining forces under a common brand name, Claim Assist Solutions, and will share a propriety claims management system. “Coming under a common name, while maintaining existing brand identities, conveys all the capabilities we can offer …

Class Action Numbers Dip in 2023, but Settlements Still Costing Billions

Class-action and government enforcement lawsuits continued to take a toll on corporate defendants in 2023, with ten $1 billion settlements and a total cost of $51.3 billion, according to a report released Tuesday by the DuaneMorris law firm. The total …

Iowa Supreme Ct. Restores Ruling that Rejected Worker’s Expert Report in PTD Claim

The Iowa Supreme Court on Friday reinstated a deputy workers’ compensation commissioner’s decision to bar reports that were submitted too late by experts who weren’t certified, reversing decisions by the district court and Court of Appeals. The high court said …

Bad Faith Lawsuit Survives Even Though Policy Limits Paid and Damage Wasn’t Covered

Just because an insurer paid the full policy limits on a claim, and argues that the damages weren’t even covered, doesn’t mean it can escape a bad faith lawsuit. A panel of the Florida 4th District Court of Appeal reversed …

Third Conspirator Convicted in Family-Run Check Cashing Fraud Scheme

A third conspirator has been sentenced to prison for her participation in a Florida check-cashing scheme that used shell companies to defraud the Internal Revenue Service and workers’ compensation insurers out of millions of dollars in payroll taxes and workers’ …

Former MMA Lawyer Suspended; Hedge Funds Win Injunction to Protect Funds Loaned to Firm

A former attorney for McClenny Moseley & Associates, who was accused of dishonesty while participating in his law firm’s filing of hundreds of hurricane-damage lawsuits, agreed last month to a nine-month suspension of his law license in a settlement with …

Viewpoint: The Financial Toll of Unforseen Weather Events

Large insurance losses are increasingly being caused by hazardous weather events such as hurricanes, floods, lightning strikes, high winds, large hail, and wildfires. Furthermore, adverse weather is not only causing loss incidents to occur, but also making the repair process …

Ala. Supreme Court Rules Appraisal Isn’t Arbitration, Dismisses Insurer’s Appeal

A petition to invoke appraisal is not the same thing as a motion to compel arbitration, the Alabama Supreme Court ruled Friday. The high court dismissed an appeal by Great American Insurance Co. that sought to overturn a trial court’s …

Nevada Supreme Orders New Trial in Malpractice Case, Finds Assumption of Risk Was a Bogus Defense

A medical provider defending against a malpractice lawsuit cannot introduce evidence about assumption of risk if the patient acknowledges that she gave her informed consent, the Nevada Supreme Court ruled Thursday. “Informed consent evidence is inadmissible, and an assumption-of-the-risk defense …