Claims, Case Law, and Legal Articles

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Courts and Coverage

The Measure of "Reasonable" Defense Costs in Independent Counsel Situations

2007-11-01 | R Brent Cooper

In independent counsel situations, who determines what costs are reasonable? Brent Cooper and Dana Harbin peruse state positions.

Claims Practices

Use Licensed Experts in Claims Litigation

2007-08-01 | Barry Zalma

An Illinois decision requiring experts to be licensed in the state before testifying could be problematic. Barry Zalma explains.

Courts and Coverage

Surface Water Exclusions in the Homeowners Policy

2007-07-01 | R Brent Cooper

Brent Cooper and Dana Harbin discuss cases in several jurisdictions where the surface water exclusion has been ruled inapplicable.

Claims Practices

The Lawyer as an Insurance Claims Expert

2007-05-01 | Barry Zalma

Contrary to popular opinion, Barry Zalma says a lawyer can make a good expert witness in an insurance claims dispute.

Courts and Coverage

Ensuing Loss Clauses in Homeowners Policies: Confusing but Not Ambiguous

2007-04-01 | R Brent Cooper

Recent court decisions make clear that ensuing loss clauses do not broaden or create coverage. Brent Cooper and Dana Harbin explain.

Claims Practices

When Agents or Applicants Lie to Insurers

2007-03-01 | Barry Zalma

Barry Zalma discusses the case for rescission when full and accurate facts about the risk are not conveyed to the insurer.

Courts and Coverage

Interpreting the "Physical Contact" Requirement of Uninsured Motorist Coverage in Indirect Contact Cases

2007-02-01 | R Brent Cooper

Brent Cooper and Dana Harbin discuss case law when indirect contact occurs.

Claims Practices

Insurance Fraud Fails in L.A. Superior Court

2007-01-01 | Barry Zalma

Barry Zalma relates the importance of insurer preparation, a thorough investigation, and use of competent counsel when facing a potentially fraudulent claim.

Claims Practices

Insurer Sues Attorney for Malicious Prosecution

2006-08-01 | Barry Zalma

In a bit of a role reversal, an insurer rightly goes after an attorney who filed an apparently malicious and unfounded lawsuit against it. Barry Zalma explains.