Insurance Claims And Issues


The latest articles and news from Insurance Claims And Issues

  • 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 Wall
  • 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 Wall
  • 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 Wall
  • 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 Wall
  • 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 Wall
  • 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 Wall
  • "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 Wall
  • 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 Wall
  • 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 Wall
  • 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 Wall
  • 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 Wall
  • 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 Wall
  • WHEN LAWYERS' CONFLICTS BECOME ALLEGED MALPRACTICE CLAIMS. October 11, 2017 1:12 pm
    Defense counsel retained by liability insurance companies to represent policyholders face potential conflicts of interest sometimes. Whether and when these potential conflicts ripen into claims for damages depends on the law of the jurisdiction and the facts of the case....
    Dennis Wall
  • NOTE TO HARVEY, IRMA & MARIA:  "FLOOD" INCLUDES BROKEN WATER MAIN. October 9, 2017 9:15 am
    A first-party property insurance policy containing both specified perils or multiperils coverages, and specified perils or multiperils exclusions, if you will, was not rendered ambiguous as a result, in Comley v. Auto-Owners Ins. Co., NO. 2016-CA-001305-MR, 2017 WL 4448528 (Ky....
    Dennis Wall
  • HEALTH CARE COVERAGE. October 8, 2017 2:16 pm
    If you or your clients do not have health insurance coverage, check out and sign up at http://www.healthcare.gov. You may not have heard the word that health care coverage is available -- right now, today, even as you read these...
    Dennis Wall
  • UMBRELLA PROTECTIVE ORDERS IN INSURANCE COVERAGE CASES. October 4, 2017 10:11 am
    Umbrella protective orders are often proposed and entered in insurance coverage cases. They forestall discovery in advance, and in the usual case they often act as a bar to disclosing information that might be damaging to the insurance company. Umbrella...
    Dennis Wall
  • CROPS, INSURANCE, AND THE YIELDS OF ARBITRATION. October 2, 2017 10:39 am
    Obeying current precedent of the U.S. Supreme Court, a State Supreme Court held in a recent insurance case that if arbitration arises from a contract involving interstate commerce, it is governed by the Federal Arbitration Act. That case involved the...
    Dennis Wall
  • POSTSCRIPT TO THE FLORIDA NURSING HOME STORY. September 27, 2017 10:35 am
    In a postscript to the story of the Florida nursing home concerning liability insurance coverage questions for various actors, the Florida governor's office says that all the calls to the governor's cellphone for help during Irma were returned. We cannot...
    Dennis Wall
  • DEATH AND COVERAGE IN FLORIDA:  A CONTINUING STORY. September 25, 2017 9:41 am
    First installment, "They Called But No-One Came: Liability Insurance Coverage Questions": Monday, 09.18.17. The second of three installments focused on liability insurance coverage questions regarding the Florida power company, "IS YOUR GENERATOR WORKING?" also at http://insuranceclaimsissues.typepad.com/insurance_claims_and_issu/2017/09/is-your-generator-working-the-first-installment-they-called-but-no-one-came-liability-insurance-coverage-questions-monda.html . In this the...
    Dennis Wall
  • "IS YOUR GENERATOR WORKING?" September 20, 2017 10:04 am
    The first installment, "They Called But No-One Came: Liability Insurance Coverage Questions": Monday, 09.18.17. This is the second of three installments. This installment will address liability insurance coverage questions regarding the Florida power company. In the final installment, we will...
    Dennis Wall
  • THEY CALLED BUT NO-ONE CAME:  LIABILITY INSURANCE COVERAGE QUESTIONS. September 18, 2017 1:08 pm
    Eight people died in a nursing home in Hollywood, Florida during Hurricane Irma. The nursing home's air conditioning went out. It got hot. Very hot. Eight people died from the heat. A number of people and corporations played a role...
    Dennis Wall
  • HURRICANE IRMA. September 11, 2017 12:25 pm
    Hurricane Irma has interrupted service. I know that you will understand. Thank you. Please Read The Disclaimer. ©2017 by Dennis J. Wall. All Rights Reserved.
    Dennis Wall
  • Is This Conduct in Office Malum in Se? September 6, 2017 10:24 am
    I was originally preparing an article to post here on the issues raised by "Trump Administration Sharply Cuts Spending on Health Law Enrollment," by Abby Goodnough and Robert Pear (New York Times online, posted on Thursday, August 31, 2017), also...
    Dennis Wall
  • WELLS FARGO DIRECTORS' LOBBYISTS:  COVERED BY D&O INSURANCE, OR SHAREHOLDERS? September 4, 2017 10:40 am
    A Labor Day Special. In a first-of-its-kind development, the directors of Wells Fargo report that they paid for lobbyists to lobby for them personally, over and apart from the bank's own lobbying fees. Directors have not ever done this before...
    Dennis Wall
  • Pre-AWARD Interest Held Recoverable on Successful Appraisal. August 30, 2017 10:25 am
    What can a policyholder recover from its property insurance company in an appraisal of the policyholder's damaged property? In Housing & Redevelopment Auth. of Redwood Falls v. Housing Auth. Prop. Ins., 864 F.3d 986 (8th Cir. 2017), the court held...
    Dennis Wall
  • DID YOU EVER THINK COVERAGE DEPENDED ON ... PAYING MORE ATTENTION? August 28, 2017 10:04 am
    Many people diagnosed by physicians as unconscious and incapable of feeling pain, are conscious and can feel pain. "Indeed, at least one study indicated an alarming rate of misdiagnosis: it found that 41 percent of patients with traumatic brain injury...
    Dennis Wall
  • THE INSURED'S CONTRACT TELLS WHETHER THE INSURED'S  "WORK" WAS "COMPLETED." August 23, 2017 10:13 am
    A standard "completed work exclusion" in a liability insurance policy did not apply to a damage claim based on an insured railroad maintenance company spraying herbicide two times per year and making spot checks of a railroad crossing. The appellate...
    Dennis Wall
  • WHAT DOES THIS PROVE, EXACTLY? August 21, 2017 3:44 pm
    American Security Insurance Company continues to be sued in many lender force-placed insurance ("LFPI") cases. It continues to file a declaration signed by the same person in those cases. A recently found example comes from a U.S. District Court File...
    Dennis Wall
  • EXCLUSION MOVES EARTH, MOVES COURT, EXCLUDES COVERAGE. August 14, 2017 10:18 am
    Another Court has added its decision to the majority interpretation of the standard earth movement exclusion in a property policy. The decision has just been officially published. Coverage for building damage caused by soil and rock sliding down hill is...
    Dennis Wall
  • "OCCURRENCE" GIVEN SAME INTERPRETATION UNDER HOMEOWNER'S POLICY AND CGL POLICIES. August 9, 2017 2:19 pm
    In Westfield Ins. Co. v. Davis, 232 F. Supp. 3d 918 (S.D. W. Va. 2017), it was held under West Virginia law and the unambiguous liability section of a homeowner's insurance policy, that insureds' mistaken harvesting of trees on property...
    Dennis Wall
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