Idea Exchange

Insurers Beware: Reimbursement for Defense Under Reservation of Rights

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 …

In the Era of Information, Insurers Must Understand the Cross-Section of Claims and Data

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 …

Evolving Considerations for Insurance and Cyber Risks

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 …

Erasing the Abuse of Unlicensed Public Adjusters

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 …

How to Improve the Valuation of Flooring Losses

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 …

Wisconsin Supreme Court Redefined the Boundary Lines of Occurrences

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 …

Why Digital Dictation Works Best

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, …

Extrinsic Evidence and the Duty to Defend

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 …

5 Deposition Pitfalls for Claims Adjusters Involved in Coverage Cases

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 …

Simple Measurements Can Predict Real World Dynamic Rollover Performance

Rollovers have been a big problem for the last 40 years, resulting in one-third (9,000) of the annual automotive fatalities and a comparable number of catastrophic (brain damage and paralysis) injuries from head and neck trauma. The problem has been …

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