third party claims News

NJ Supreme: Statute Allows Construction Defect Claim; Arbitration Clause Applies

New Jersey’s Direct Action Statute allows a condominium association’s construction defects claims against an insurer, but the plaintiff must comply with a binding arbitration clause in the policies, the state Supreme Court ruled Monday. The unanimous decision overturns rulings by …

Viewpoint: Hawaii Supreme Court Rules in Favor of Work Comp Subrogation

Workers’ compensation carriers doing business in Hawaii held their collective breathe for 2021 waiting on the Supreme Court to decide whether it would incorporate the common law Made Whole Doctrine to workers’ compensation liens. The case, Moranz v. Harbor Mall, …

Hospital Costs Rising Even Though Claimants Avoiding Emergency Rooms

Auto casualty claimants are avoiding hospital emergency rooms during the COVID-19 pandemic but are generating increased hospital charges anyway, according to a new report by Mitchell, a San Diego-based claims administrator. “Anecdotally, we have heard that some people have been …

Claims People: Crawford & Co., Tenco Services, Hunton Andrews Kurth

Crawford Hires Forensic Accounting Director Crawford & Co has appointed Janis Hagenbucher as managing director for Crawford Forensic Accounting Services. Hagenbucher reports to Paul Kottler, president of Crawford Global Technical Services. In this new role, Hagenbucher will support the overall …

Massachusetts Weighs in on 3rd-Party Liability For Diminished Value Damages

A federal district court in Massachusetts has ruled that Massachusetts tort law does not provide for recovery of “inherent diminution in value” damages by a third-party claimant. Martins v. Vermont Mutual Ins. Co., 2019 WL 3818293 (D. Mass. 2019). The …

The Known Loss Doctrine and Liability Insurance

Insurance coverage is premised on the concept of fortuity – a loss that occurs by chance or accident. When an insurance company issues a policy, it insures against a risk of possible loss, not a certainty. Insurance carriers do not …

Timothy Allen Joins American Claims Management Team

San Diego, CA, March 4, 2015 – National third party administrator, American Claims Management Inc. (ACM) announced that Timothy O. Allen joined its team as the vice president of property claims in January 2015. Allen brings more than 20 years …