Insurance Claims And Issues


The latest articles and news from Insurance Claims And Issues

  • FILED RATE DOCTRINE AND ... UIM CLAIMS? January 17, 2018 10:35 am
    I have written about the possibility, even likelihood, that the "filed rate doctrine" defense will be raised in what might be called "standard" insurance cases. Well, now it has happened. Ms. Helen Bhasker brought a lawsuit against Kemper Casualty Insurance...
    Dennis J. Wall, Attorney At Law, a P.A.
  • DOCUMENTS UNSEALED IN FACE OF PRESUMPTION OF PUBLIC ACCESS. January 15, 2018 11:04 am
    Dr. Martin Luther King Jr. was born on this date in 1929. It is a Federal Holiday! The following sealed documents were at issue. The same kinds of documents are frequently sealed in the court files of insurance coverage and...
    Dennis J. Wall, Attorney At Law, a P.A.
  • P.P.S. TO P.S. SENATOR DIANNE FEINSTEIN AND THE TRUTH SHALL MAKE YOU FREE! January 14, 2018 1:55 am
    This is a post-postscript to the article posted here on Wednesday, January 10, 2018. Here is a link to Seth Meyers Late Night show featuring The Ballad of "Sneaky Dianne". Enjoy! Please Read The Disclaimer. ©2017 by Dennis J. Wall....
    Dennis J. Wall, Attorney At Law, a P.A.
  • WHAT DO COURTS DO WHEN THE EVIDENCE IS BLACKED OUT? January 12, 2018 9:43 pm
    There are even times when judges say that the record does not show WHO redacted the evidence or WHY. The case of Sepulveda-Rodriguez v. Metlife Grp., Inc., No. 8:16CV507, 2017 WL 6628116, at *1 (D. Nebr. December 28, 2017) involved...
    Dennis J. Wall, Attorney At Law, a P.A.
  • P.S. AND THE TRUTH SHALL MAKE YOU FREE. January 10, 2018 8:44 pm
    In a postscript to an article on Insurance Claims and Bad Faith Law Blog posted yesterday, Tuesday, January 9, 2018, I reported something that deserves to be reported here as well. Here is a copy of the transcript of testimony...
    Dennis J. Wall, Attorney At Law, a P.A.
  • DISCOVERY BEHIND A DEFENSE IN ALABAMA. January 8, 2018 1:38 pm
    In Hibbett Patient Care, LLC v. Pharmacists Mut. Ins. Co., No. CA 16–00231–WS–C, 2017 WL 4817992, at *1 (S.D. Ala. January 26, 2017) (Cassady, USMJ), the plaintiffs "bring three causes of action against PMIC, which include breach of contract, bad...
    Dennis J. Wall, Attorney At Law, a P.A.
  • DISCOVERING UNDERWRITING FILES:  NOT IN PENNSYLVANIA DEC ACTION OVER COVERAGE. January 5, 2018 10:48 am
    An insured was not entitled to discovery of its liability carrier's underwriting files in the carrier's action for declaratory relief, in Westfield Ins. Co. v. Icon Legacy Custom Modular Homes, 321 F.R.D. 107 (M.D. Pa. 2017). The carrier's dec action...
    Dennis J. Wall, Attorney At Law, a P.A.
  • EXCESS AND UMBRELLA IN OHIO. January 3, 2018 11:00 am
    Under Ohio law, more than one order or sale of the same type of allegedly defective product gave rise to multiple occurrences under a commercial Follow-Form Excess Liability insurance policy issued by American Guarantee. The American Guarantee excess policy followed...
    Dennis J. Wall, Attorney At Law, a P.A.
  • AN UNOPPOSED CHRISTMAS MIRACLE IN PENNSYLVANIA. December 20, 2017 1:26 pm
    This is a story of a Christmas miracle in Pennsylvania. Part of this story is a tale of ways to deal with a Judge's ruling, among other things. That tale was told yesterday on Insurance Claims and Bad Faith Law...
    Dennis J. Wall, Attorney At Law, a P.A.
  • APPRAISAL NOT A HURDLE TO FLORIDA STATUTE'S CIVIL REMEDY NOTICE. December 18, 2017 10:51 am
    In an appeal from Seminole County, Florida, two judges of the Fifth District Court of Appeal agreed in Landers v. State Farm Fla. Ins. Co., No. 5D15–4032, 2017 WL 3443077 (Fla. 5th DCA August 11, 2017) (STATED NOT RELEASED FOR...
    Dennis J. Wall, Attorney At Law, a P.A.
  • SETTLEMENT UNDER SEAL IN ARKANSAS. December 13, 2017 10:49 am
    In Chaichian v. Sentinel Ins. Co. Ltd., No. 1:16-cv-01026, 2017 WL 4899232 (W.D. Ark. October 3, 2017) (Bryant, USMJ), a U.S. Magistrate Judge was confronted with three motions concerning settlement of the case. First, the facts at the time the...
    Dennis J. Wall, Attorney At Law, a P.A.
  • HOMEOWNERS INSURANCE AND UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW. December 11, 2017 2:19 pm
    In Jones v. Americas Ins. Co., 226 So. 3d 537 (La. Ct. App., 1st Cir., 2017), the Louisiana appellate court held that a homeowner's insurance carrier had no right of action against its insured's contractor for negotiating a check without...
    Dennis J. Wall, Attorney At Law, a P.A.
  • ALL RISKS COVERAGE EXCLUDED BY MICHIGAN EARTH MOVEMENT EXCLUSION. December 6, 2017 7:01 pm
    Home-Owners Insurance Company issued a "business owners policy" of property insurance which provides all-risks coverage, i.e., covering all risks or perils except those which are specifically excluded. The "BOP" policy issued by HO contained a standard "earth movement exclusion": The...
    Dennis J. Wall, Attorney At Law, a P.A.
  • MAKE A BUCK, MANIPULATE FLOOD MAPS, MANIPULATE FLOOD INSURANCE NOTIFICATIONS. December 4, 2017 11:00 am
    Flooded homeowners near Houston are learning after Harvey left the area that so did their illusions about the need for flood insurance. Because their lots were built as little as one inch above the standards for flood plains, and sometimes...
    Dennis J. Wall, Attorney At Law, a P.A.
  • FLORIDA FORCE-PLACED PREMIUM PRACTICES:  FEDERAL JUSTICE SYSTEM STEPS ASIDE. November 29, 2017 10:40 am
    It is often pointed out that whenever class action rights are taken away to require that all claims be arbitrated, then small claims will not be made because they are, well, too small to litigate. Add to that this fact...
    Dennis J. Wall, Attorney At Law, a P.A.
  • STANDARD CIVIL AUTHORITY EXCLUSION NOT APPLIED IN KANSAS CASE. November 27, 2017 10:25 am
    The standard property insurance policy exclusion for loss resulting from an order of a civil authority did not apply, the Kansas Court of Appeals has held, to damage caused to a residence by law enforcement officers' efforts to apprehend a...
    Dennis J. Wall, Attorney At Law, a P.A.
  • FLORIDA TRADE SECRET ASSERTION DID NOT PREVAIL, UNTIL IT DID. November 22, 2017 11:00 am
    Incredible! Trade secret raised against discovery. Burden of proof was on the defendant raising the trade secret immunity from discovery. The Magistrate Judge held that the defendant did not prove a trade secret. Then, the Magistrate held: "Thus, its assertion...
    Dennis J. Wall, Attorney At Law, a P.A.
  • EQUIFAX BREACH LEADS DELAWARE TO STRENGTHEN BREACH OF CYBERSECURITY LAWS. November 20, 2017 9:53 am
    I do not recall having had a guest post, or writing a post with someone else's content. Until now. The following article is reprinted with permission from an EMail sent on Friday, November 17, 2017 regarding "Consumer Protection" via the...
    Dennis J. Wall, Attorney At Law, a P.A.
  • RESISTING THE TIDAL WAVE UNDER TEXAS LAW. November 15, 2017 11:28 am
    Resisting the tidal wave of contrary opinions, a Federal appellate judge wrote for a unanimous court in Illinois that, under Texas law in a case of apparent first impression, an insured's assignment of claims against its insurance company in the...
    Dennis J. Wall, Attorney At Law, a P.A.
  • KICKBACKS ARE GOOD AS LONG AS "FILED RATES," BUT .... November 13, 2017 2:09 pm
    .... NOT a defense to claims NOT based on filed rates. Another Federal Judge has ruled that so long as the defendant alleges that it included kickbacks in filed rates, then claims related to kickbacks are barred in Federal Courts....
    Dennis J. Wall, Attorney At Law, a P.A.
  • CREDIT INSURANCE FACTORS INTO MORE THAN JUST CALIFORNIA FINANCE. November 8, 2017 11:17 am
    The roles of credit insurers and factors in financing are unknown to many. Quoting undisputed definitions provided by the plaintiff, the Court described their roles as follows in the case of Marble Bridge Funding Grp., Inc. v. Euler Hermes Am....
    Dennis J. Wall, Attorney At Law, a P.A.
  • PRIOR ACTS EXCLUSION AND LEGACY LENDING PRACTICES IN FLORIDA. November 6, 2017 11:28 am
    The insurance coverage issue in this case concerned coverage for bank officers before November 2008. But that was the narrow issue. More about that in a moment. First, the opening paragraph of a coverage case that involved the standard prior...
    Dennis J. Wall, Attorney At Law, a P.A.
  • CAN A DECEASED HOMEOWNER'S ESTATE SUE OVER LENDER FORCE-PLACED INSURANCE? November 1, 2017 3:20 pm
    The decision in Navin v. Wells Fargo Bank, N.A., No. 3:15-cv-671 (MPS), 2017 WL 4401454 (D. Conn. September 29, 2017) may seem inconsistent on its face with a decision of the U.S. District Court for the District of South Carolina,...
    Dennis J. Wall, Attorney At Law, a P.A.
  • HURRICANES, DEDUCTIBLES, AND EXCLUSIONS. October 30, 2017 2:10 pm
    Hurricane Irma insurance claims keep rising in Florida, but most of these claims will reportedly not be paid by carriers because they will not exceed the standard hurricane deductible. On the other hand, exclusions may or may not apply even...
    Dennis J. Wall, Attorney At Law, a P.A.
  • "ACTUAL CASH VALUE" AS "REPLACEMENT COST," NOT "WHATEVER THE COST." October 25, 2017 9:21 am
    The decisions in the case of In re State Farm Fire & Cas. Co., 872 F.3d 567 (8th Cir. 2017), came out of a hailstorm. The storm struck Ms. Amanda LaBrier's home in St. Louis, Missouri, damaging the home's exterior...
    Dennis J. Wall, Attorney At Law, a P.A.
  • FREE PEOPLE FROM MANDATORY ARBITRATION! October 24, 2017 6:21 pm
    Senate Joint Resolution 47 would force people to arbitrate their disputes even if they do not want to. Joint Resolution 47 would delete the Consumer Financial Protection Bureau's rule prohibiting mandatory arbitration. Understand that the CFPB rule does not require...
    Dennis J. Wall, Attorney At Law, a P.A.
  • WORK PRODUCT DOES NOT CONCEAL COMMUNICATIONS UNLESS "NEED TO KNOW." October 23, 2017 10:15 am
    In Baxter Int'l, Inc. v. AXA Versicherung, 320 F.R.D. 158 (N.D. Ill. 2017), the issue was discoverability in the insured's action for indemnification. The defendant insurer failed to show in that case that correspondence with its co-insurers and reinsurers was...
    Dennis J. Wall, Attorney At Law, a P.A.
  • HOW MANY OCCURRENCES OF WATER CAN THERE BE? October 18, 2017 11:44 am
    In Pella Corp. v. Liberty Mut. Ins. Co., 246 F. Supp. 3d 1247 (S.D. Iowa 2017), a Court answered the title question. Each underlying claim for water damage allegedly caused by defective design of the policyholder's windows was a separate...
    Dennis J. Wall, Attorney At Law, a P.A.
  • ARBITRATION IS JURISDICTION?  ARBITRATION DID NOT APPLY. October 16, 2017 1:01 pm
    Arbitration was held to be an issue of jurisdiction, but having decided that, this Court also held that the arbitration clause in the insurance policy at bar did not apply in Halliburton Energy Serv's, Inc. v. Ironshore Specialty Ins. Co.,...
    Dennis J. Wall, Attorney At Law, a P.A.
  • HEALTHCARE COVERAGE:  STILL THERE, YOU CAN SIGN UP RIGHT NOW. October 15, 2017 2:24 pm
    Is Healthcare Coverage still available under the Affordable Care Act? Absolutely. Can you and can your clients still sign up? Definitely. Will you and will your clients be able to sign up now if you want? Totally. Answers to these...
    Dennis J. Wall, Attorney At Law, a P.A.
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