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New Software Promises to Cut Claims Assignment Time

CEO Sees Product Moving in Same Direction as Uber App New software released by IAS Claim Services, a nationwide independent insurance adjusting company, promises to cut the time it takes to assign claims as well as processing time, according to …

New Technology on Vehicles is Working to Reduce Crashes

Autonomous or “driverless” cars generate a lot of media buzz because of the public’s fascination with new technology and what vehicles may be like in the future. Yet, there’s a revolution underway that is changing vehicles right now that has …

When Does Directing Traffic Constitute Vehicle Use?

Some courts have concluded that law enforcement officers, while on foot, directing traffic constitutes the “use” of a police vehicle provided that the police vehicle was nearby and was part of the overall traffic management activity. See, e.g., Maring v. …

Why Insurers Shouldn’t Produce Claims Files in Florida

Every time an insurance company is sued for breach of the insurance contract, it receives a Request for Production for its claims file. In Florida, however, the claims file is not discoverable in a first party breach of contract lawsuit. …

What Constitutes Collapse for Purposes of Property Insurance Coverage?

Standard homeowner and business property policies do not define the term “collapse.” The meaning of “collapse” has been the subject of substantial commentary. See, e.g., annot. What Constitutes “Collapse” of a Building Within Coverage of Property Insurance Policy, 71 ALR …

Tapering Polypharmacy Regimens

Polypharmacy is a term used to describe a situation when a patient is prescribed multiple drugs. The term is frequently used to mean the use of too many or redundant drugs that can hinder function, delay return to work and …

Data Breach Suit Verdicts Impact Third-Party

Liability Coverage Two recent class action lawsuits herald a shift in how courts view data breach events and the harm they cause. The rulings make it easier for plaintiffs to pursue data breach or class action lawsuits and to recover …

Texting While Driving in Florida: An Opportunity to Pursue Punitive Damages?

There are a number of ad campaigns on Florida’s airways and its television stations, warning of the dangers of texting while driving. A question arises: If an accident occurs while the at-fault driver was texting, is the injured plaintiff entitled …

Stay Vigilant: 2013’s Enduring Catastrophe Lessons

Hurricane season starts in a few weeks. As the claims community prepares for the uncertain months ahead, many carriers may think back to an uneventful 2013. However, while no catastrophe events resulted from hurricanes, it would be a mistake to …

Historical Tour of the Contra Proferentem Doctrine

As I review cases to supplement my various publications I come across some cases that I would characterize as being “must reads.” The Minnesota Court of Appeals decision in Economy Premier Assur. Co. v. Western National Mut. Ins. Co., 839 …

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