professional negligence News

Tenn. High Court: Presumption Law Protects Agents as Well as Carriers

Under Tennessee law, policyholders who pay their premiums create a legal presumption that they have accepted the terms of coverage. The statute limits lawsuits by underinsured policyholders who thought they had enough coverage but found after a loss that they …

Carrier Loans Money to Claimant for Damages, Collects from Negligence Suit Against Broker

A California appellate court ruled that an insurance brokerage owes its client $461,795.24 for malfeasance in litigation that was financed by an insurer against its own producer, involving damages to a house owned by a church that was intended to …

A Little Knowledge Goes A Long Way Against Defense and Indemnity Reimbursement

When faced with a mixed complaint against the insured, including covered and uncovered claims, insurers oftentimes will reserve their right to seek reimbursement for defense and indemnification payments attributable to the uncovered portion of the claim. The question of reimbursement …

West Virginia Board Awarded $2.6 Million in Lawsuit

The Charleston Sanitary Board will get more than $2.6 million from a company it had hired to make compost out of yard waste and sewage sludge generated in the city. A ruling by Kanawha Circuit Judge Paul Zakaib Jr. said …