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Insurance Claims

Recent Posts in Insurance Claims Category

  • 4th Circuit Voids "Other Insurance" Clause in Yacht Crash Coverage Dispute

    Beware of state statutory language that can shift liability In a recent decision, Nat’l Liab. & Fire Ins. Co. v. State Farm Fire & Cas. Ins. Co. , No. 17-1969 (4th Cir. May 31, 2018), the 4th Circuit Court of Appeals ruled that an insurance company could not use an “other insurance” clause in its personal injury policy to shift all liability stemming from a yacht accident to a fellow insurer. ...
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  • Ace in the Hole: Insurer Escapes $105.7M Judgment

    Last year, in Great Am. Ins. Co. v. Hamel , 525 S.W.3d 655 (Tex. 2017), the Texas Supreme Court decided that a judgment rendered against an insurance company’s policyholder in an underlying action was unenforceable against the insurance company because the judgment was not the product of a fully adversarial proceeding. In what may be the first federal use of the Hamel decision, a Texas federal ...
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  • SC Supreme Court Supports Insurer’s Direct Suit for Attorney Malpractice

    South Carolina joins 24 other states in monumental ruling A divided South Carolina Supreme Court recently ruled that an insurance company may directly pursue a legal malpractice claim against counsel retained to defend its policyholder. The decision in Sentry Select Insurance Co. v. Maybank Law Firm LLC et al. , No. 27806 (S.C. May 30, 2018), changes roughly 200 years of South Carolina common law ...
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  • Washington Court Holds Individual Insurance Adjusters Can Be Liable for Acting in Bad Faith

    A Washington court of appeals recently held “that an individual employee insurance adjuster can be liable for bad faith and a violation of the CPA,” according to Keodalah et al. v. Allstate Ins. Co., et al. , No. 75731-8-I (Wash. Ct. App. Mar. 26, 2018). The issue needed to be settled as there was a split among federal judges about whether non-insurer entities were exempt from bad faith and CPA ...
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  • FEMA Adjusts Disaster Recovery Financial Thresholds and Caps

    Annually, the Federal Emergency Management Agency (“FEMA”) adjusts certain financial threshold amounts for post-disaster Public Assistance (“PA”) Grant Programs. There are two separate financial indicators that are adjusted: (1) the Minimum Project Worksheet Amount and (2) the per capita impact indicator for the state and county. Additionally, the maximum amount individual households and families ...
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  • Recent Texas Decision Helps Define 'Prompt Notice' in Hail Claims

    Known for its mercurial nature and frequent severity, Texas weather has long been the subject of wry observation, but 2016’s Texas weather has been even more intense than usual. Freshest on our minds is the terrible flooding from May and June—even the seemingly all-night thunderstorms over the Fourth of July weekend, here in Tarrant County. Before that, though, were the hailstorms. March and April ...
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  • Lying to an Insurer, Even if the Claim Has Been Denied, Can Land You in Jail

    State v. Goodwin , 129 A.3d 316 (N.J. 2016) In January of 2016, the Supreme Court of New Jersey upheld the guilty conviction of second-degree insurance fraud for defendant Robert Goodwin (“Goodwin”), even though the insurer had denied the claim. This claim was denied based on discovery of the fraud during an Examination Under Oath (“EUO”), ultimately leading to criminal charges and a felony ...
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