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Courts and Coverage

Coverage Disputes Give Rise to "Independent" Counsel

2005-06-01 | R Brent Cooper

Brent Cooper explains how the Texas Davalos case sets out how the Independent Counsel Rule should be applied and a test as to what coverage questions give rise to independent counsel.

Claims Practices

Insurance and the Law of Unintended Consequences

2005-04-01 | Barry Zalma

Barry Zalma looks at how efforts by and for the insurance industry have resulted in far greater problems: rising costs, soaring litigation, increasing fraud, and a reputation seemingly beyond repair.

Courts and Coverage

Is Seller's Failure to Disclose Known Defects to Buyers a Covered "Occurrence"?

2005-01-01 | Richard T Valentino

Richard Valentino and Michael Resis examine cases illustrating the different approaches taken by courts on homeowners' coverage for claims arising from the sale of homes with latent defects.

Courts and Coverage

Bystander Claims—One Limit or Two?

2005-01-01 | R Brent Cooper

Whether a separate "each-person" limit applies to a bystander claim depends on whether emotional injuries are considered to be "bodily injury." Brent Cooper and Dana Harbin explain.

Litigation Management

Court Reporting/Deposition Services: What You Should Know

2005-01-01 | Michael R Boutot

In this quarter's Litigation Management column, Michael Boutot takes a look at the role of court reporters, their history, types, qualifications, functions, and cost factors.

Claims Practices

Fraudulent Application Can Haunt the Broker

2004-12-01 | Barry Zalma

Barry Zalma discusses a recent California case holding that if the broker knew the application contained false information, it can be held liable to the insurer for resulting damages.

Courts and Coverage

"No-Fault" Coverage Insures Injuries Arising Out of the Use of a Vehicle

2004-11-01 | R Brent Cooper

Brent Cooper and Dana Harbin look at court rulings on the issue of whether personal injury protection coverage applies when non-collision injury occurs, but the vehicle is somehow involved.

Litigation Management

Litigation Management—Proactive or Reactive Budgeting?

2004-11-01 | Michael R Boutot

Budgeting can be a very valuable tool if done in a proactive mindset, yet keeping past mistakes in mind. Michael Boutot explains the goals and pitfalls.

Personal Lines Claims

Adjusting Residential House Fires

2004-10-09 | George Epps

Adjusting a house fire is a difficult endeavor under the best of circumstances. George Epps looks at fire claims where the coverage is on an actual cash value basis.

Claims Practices

California Supreme Court Rules: Ordinary Negligence Involving Toxic Chemicals Not Pollution

2004-09-01 | Barry Zalma

Barry Zalma examines a recent California Supreme Court ruling which concluded that the CGL pollution exclusion does not exclude ordinary acts of negligence involving toxic chemicals.