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Recent Posts in Insurance 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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  • California Continues to Chip Away at the Duty to Defend in Insurance Cases

    The opioid epidemic still presents a large problem for lawmakers and health care providers as opioid use continues to hurt communities and destroy lives. It is estimated that 116 people die every day from overdoses linked to opioid usage, according to an article by the U.S. Department of Health and Human Services. This issue affects millions of people as around 2.1 million people suffer from an ...
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  • Oklahoma Court: Indirect Contractual Relationship Can Invoke Coverage

    Despite having an indirect contractual relationship with the insured, three insurance companies are liable for coverage of the insured through contracts entered into by the insured’s subcontractors. A pipeline of JP Energy Marketing LLC caught fire while still under construction. Following this incident, JP Energy found itself embroiled in numerous lawsuits, which later resulted in an appeal, JP ...
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  • New Hampshire Requires Cooperation of Insured Individuals for Preservation of Claims

    Insurance litigation is a constant tug-of-war between insurance companies and the insured. There is a lot of back-and-forth between the parties over paperwork and required documents. Clear and effective communication are key to any good business relationship. This process of working through a claim for an insured customer can become difficult when the insured becomes unwilling to provide the ...
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  • Our Sympathies To The Hurricane Victims

    The month of September 2017 has become the strongest hurricane month ever recorded, with five already hitting North America. As hurricane season continues, there is the potential for more to come, ravaging already damaged areas throughout the Atlantic coast. Our hearts and thoughts are with those who have been affected. We at Parker, LLP Attorneys at Law have seen firsthand the damage that ...
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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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  • Making Your Personal Affairs Disaster & Recovery Ready

    Following a disaster, getting financial or in-kind assistance to start putting life back together will hinge on whether or not you have documents to prove who you are and what you actually owned. One of the things that FEMA has recommended is making a “Emergency Financial First Aid Kit (“EFFAK”). [1] The EFFAK is designed to help get you and your family onto the road towards disaster recovery. ...
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  • What is a Disaster Declaration?

    After a disaster strikes, the term “disaster declaration” is often on the news by reporters and public officials. But what is a disaster declaration and what does it do? What is a Disaster Declaration? A Disaster Declaration is a formal statement by the jurisdiction’s chief public official (i.e. Mayor, County Judge, or Governor) that a disaster or emergency situation exceeds their response ...
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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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  • The Rise of Cyber Insurance

    As companies become wholly dependent on technology and the Internet for day-to-day business, the risk of cyber-attacks and data breaches are ever-present. These risks are largely unavoidable and are a part of doing business in today’s world. Companies are increasingly turning to insurance companies to obtain cyber insurance policies to protect against these mounting risks. KEY INDUSTRIES SEEKING ...
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    Fluor Corp. v. Superior Court (2015) 61 Cal.4 th 1175. There is a long standing tradition that parties should be free to contract for and against various types of risks. This has formed the backbone of the insurance industry for over a century. But what happens to existing insurance policies when a company with several core operations decides to split its operations into new individual entities? ...
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    Dubeck v. California Physicians’ Service (2015) 234 Cal.App.4 th 1254. Despite intentionally misrepresenting material facts in her insurance application, a California court denies an insurer’s attempt to rescind the policy holding that the insurer had an opportunity to investigate prior to making payments on the claim. Dubeck v. California Physicians’ Service discusses an insurer’s waiver of right ...
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    UBER, SIDEBAR, and LYFT: Are these new taxi services driving around in insurance limbo? Over the past few years, transportation networks companies (TNCs) such as Uber, Sidecar, and Lyft have emerged throughout major cities in the United States, and some even worldwide. TNCs are defined as organizations that provide prearranged transportation services for compensation using an online-enabled ...
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