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Claims Practices

Lying on an Application about Primary Residence Is Grounds for Rescission

2024-10-18 | Barry Zalma

Barry Zalma relates a recent case showing that an insured's intentional misrepresentation can result in no homeowners insurance coverage.

Construction Law

Understanding "Account Stated" for Finances and Payment Procedures

2024-08-09 | Robert J Miletsky

Robert Miletsky looks at this legal theory and explains how it can help or hurt your company in its daily construction operations.

Claims Practices

Cyber-Security Policy Requires Direct Financial Loss

2024-07-19 | Barry Zalma

Barry Zalma relates a case where coverage was not triggered for a loss involving a phishing scam.

Courts and Coverage

Even More Confusion Regarding the "Damage to Property" Exclusion

2024-06-07 | David M Knapp

David Knapp relates decisions by the Eleventh Circuit Court of Appeals that only add to the confusion.

Claims Practices

Pollution Exclusion Deters Corporations from Polluting

2024-03-29 | Barry Zalma

Barry Zalma relates a case where the insureds' dumping toxins into the city's sewer system clearly fell within the policy's pollution exclusion.

Case Law

Do Liability Policies Cover Suits Related to the Opioid Epidemic?

2024-02-21 | Jes Alexander

Learn about the ongoing battle over whether liability coverage exists for lawsuits brought by local and state governments seeking costs related to the opioid crisis, including a major recent decision out of California.

Claims Practices

Court Must Agree When Parties Agree to Appraisal

2024-01-19 | Barry Zalma

Barry Zalma relates a case involving appraisal of damages caused by Hurricane Ian.

Claims Practices

Insurer Has No Duty To Accept Absurd Settlement Offer

2023-10-12 | Barry Zalma

Barry Zalma relates a recent case where the insurer was under no legal duty to its insured to accept more than five times the policy limit.

Claims Practices

Notice-Prejudice Rule Doesn't Apply to Claims-Made-and-Reported Policy

2023-07-21 | Barry Zalma

Barry Zalma relates a recent Kentucky Supreme Court case.

Construction Law

Construction Business in Challenging Times

2023-07-07 | Robert J Miletsky

Fulfilling contracts and being paid and dealing with undocumented workers are critical issues for construction firms. Robert Miletsky explains.

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