Clausen Miller P.C.的动态

We know if there are multiple claimants and not enough policy limits that an interpleader is a wise move. An interpleader is when the carrier places the insured's policy limits with the court for the court to determine who gets how much. This is a complex case, but the Indiana appeals court thought the carrier placed its financial interest above that of its insureds'. States differ in what they consider to be good faith claims handling when it comes to assessing the insured's and the carrier's financial interests at the time of settlement-- which is what the job of an adjuster is. Regardless, we recommend you take a minute to read this fascinating ruling as it can impact how you settle claims. ?? #ClaimsHandling #InsuranceLaw #GoodFaith #Adjusters #InsuranceAdjuster #PolicyLimits #LegalUpdate #InsuranceProfessionals #RiskManagement #ClaimsSettlement #InsuranceIndustry #CourtRulings

As all adjusters know, it all comes down to file documentation. It’s what you can prove. The insurer found comparative negligence in at least 54% of the cases, but in the other 46%, it wasn’t documented… For those insurers that don’t argue comparative negligence in inbound subrogation claims, when it’s valid, obviously, you are overpaying significantly in your indemnity expenses. https://lnkd.in/g52N2FP5

Read the latest case alert from Janeen M. Thomas on the Scott Fetzer Co. v. Am. Home Assurance Co., Inc. case from the Ohio Supreme Court. Janeen explains how the Court examined the Restatement (Second) Conflict of Laws in an insurance bad faith claim on which states’ laws controls a discovery dispute over materials covered by attorney-client privilege. The Court analyzes the classification of bad faith claims as either “in contract” or “in tort” which determines what Restatement section applies. Check out the case alert here. #SDVLaw #BadFaith #Insurance #Policyholders

As a policyholder, it is crucial to understand your responsibilities under your CGL policy's cooperation clause: - Your insurer is entitled to all necessary information for a thorough investigation and defense of a claim. - You must provide all relevant documentation, answer questions, and attend necessary meetings and court proceedings. Check out our recent blog post to learn more about your responsibilities and avoid cutting any corners: https://lnkd.in/gYmjS2YB #CGLPolicy #InsuranceClaim #CooperationClause

The Oregon Supreme Court issued an important decision just before the new year that strengthens policyholder protections in that state, see analysis below. While it's become common for courts to limit consumer/private enforcement of unfair claim practice statutes and regulations and assert that government agencies alone should have that exclusive right, there is ample data to suggest otherwise. Private enforcement of those laws is critical to deterring and remedying unfair insurance practices and supplementing the limited resources of government agencies. United Policyholders (UP) thanks Seth Row, Jodi Green and Iván Resendiz Gutierrez for preparing and filing our amicus brief and contributing to a pro-policyholder decision. https://lnkd.in/gqmPhG4s

Policyholders can use the doctrines of estoppel and waiver to allow, extend, or even create coverage. Jason Kosek and Seán McCabe, joined by Michael Aylward, will analyze and explain critical estoppel and waiver issues for policyholders and insurance companies, as well as the conflicting court rulings that influence this area of law. Join us on March 25th?from 1:00pm-2:30pm EDT. Click the link below to register today and learn more about this CLE webinar. #insurancelaw #policyholders #policyholder #insurancelitigation

You can now read our monthly Bad Faith Update on JD Supra. Discover the legal ramifications of insurance coverage?and claims handling?disputes. Explore the implications of Abdelmaguid v. Dimensions Ins. Group, LLC on damages and covenants not to execute. https://lnkd.in/gWPqRVXe

Earlier this month, the United States District Court for the District of Maryland granted, in part, summary judgment against a title insurer for failing to provide a defense to an underlying fraud and conspiracy action. Learn more in our latest blog post by Christopher A. Glaser. #RealEstateLaw #DCRealEstate #MDRealEstate

In our latest blog post, Timothy Law discusses the Hawaii Supreme Court's recent decision to reject an insurer's attempt to sue a policyholder for reimbursement of defense costs. #IRGblog #insuranceclaims #policyholders #hawaii https://lnkd.in/e-HwDKKZ