Claims, Case Law, and Legal Articles

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Courts and Coverage

"Controlled Substance" Exclusion in Homeowners Policy Bars Coverage

2004-09-01 | Richard T Valentino

In this personal lines courts and coverage column, Richard Valentino examines recent cases dealing with insurance coverage for drug dealer liability.

Courts and Coverage

Diminishing Value: The Trend against Coverage under Personal Automobile Policies

2004-09-01 | R Brent Cooper

Brent Cooper examines 2003 state supreme court rulings that personal auto policies do not obligate insurers to compensate insureds for diminished value when their vehicles are fully repaired.

Claims Practices

Mold and Fungi Insurance Claims

2004-08-01 | Barry Zalma

"Mold is gold," according to some in the claims industry. Barry Zalma looks at the growth of these claims, the science behind them, the case law, testing, and remediation.

Claims Practices

Stacking Insurance Limits

2004-07-01 | Barry Zalma

Barry Zalma explains why it is essential to examine the law of the jurisdiction relating to stacking of policy limits and self-insured retentions before making a decision on how to handle a claim.

Personal Lines Claims

Residential Water Claims

2004-07-01 | George Epps

George Epps takes a look at residential water claims—what causes them, how repairs are handled, and why restoration contractors are often necessary.

Courts and Coverage

Seventh Circuit Upholds Anti-Stacking Clauses

2004-06-01 | Richard T Valentino

In this article, Richard Valentino discusses a recent case upholding unambiguous anti-stacking clauses to prevent the doubling of an auto insurer's liability limits.

Claims Practices

The Ethical Dilemma Caused by Fighting Fraud

2004-04-10 | Barry Zalma

Barry Zalma discusses the obligation to and dangers of reporting suspected fraud.

Courts and Coverage

Subrogation Rights against Personal Auto Uninsured Motorists Coverage

2004-03-01 | R Brent Cooper

The statutory right of a workers compensation insurer or employer to subrogate against a third party generally does not include rights to personal auto UM/UIM benefits. Brent Cooper and Dana Harbin explain.

Claims Practices

Adjusting Liability Claims

2004-01-01 | Barry Zalma

Barry Zalma details the claims adjuster's job: an investigator, an insurance contract expert, and a person of empathy who fulfills the policy promises to defend and indemnify the insured.