You’re a claims manager for an insurance company, or counsel for an insurer. An insured is being sued, and they’ve tendered their defense under their liability insurance policy. The issues in the complaint are complicated – it’s not immediately clear …
The value and impact of data could not be any more present, and important, in each of our lives today. From Google to Facebook and even IBM’s development of “Watson,” data and intelligence are quite literally changing our world. The …
In a recent decision, a New York judge held that a commercial general liability (CGL) policy did not provide coverage for an online data breach where hackers stole the personal information of millions of users. The case remains subject to …
The insurer’s duty to defend its insured is broad and is generally triggered whenever a complaint against an insured potentially implicates coverage under the policy. Jurisdictions vary as to how they approach the duty to defend. While some states have …
They surface in the wake of any catastrophe or run-of-the-mill claim generating event. Contractors, tradesmen, restoration companies or others emerge, offering not only to repair damage to homes or property, but to also negotiate on behalf of the policyholders with …
Historically, assessing the “like kind and quality” (LKQ) attributes of floor coverings that have been damaged by flood, fire, mold or other peril, has posed many challenges. Myriad private labeling programs at the retail level also exacerbate the “accuracy” dilemma …
Recently the Wisconsin Supreme Court narrowed the concept of “occurrence” as defined in homeowners policies. In Schinner v. Gundrum, 349 Wis.2d 529, 833 N.W.2d 685 (2013), the court held the insured’s actions in setting up an isolated shed for a …
At many small insurance firms, investigators still record reports and interviews using analog devices, namely portable magnetic tape cassette recorders. As recording technology has evolved from analog to digital, however, cassette tapes and tape recorders have become harder to find, …
The year is 2020 and you have just had an accident. While proceeding through an intersection, another vehicle turned in front of you. Prior to the impact even occurring, advanced airbag deployment technology had enveloped you and your occupants in …
An adjuster’s deposition, if relevant and well-prepared, can provide the backbone of a strong defense, assuming defense counsel and the adjuster can avoid some deposition traps. A few of the common pitfalls to avoid are described below. Pitfall #1: Is …