Court Refuses to Allow Pro Se Plaintiff to Annoy Court Insurance criminals who are arrested and convicted of the crime of insurance fraud – a very rare occurrence – can’t believe that they must serve time in jail. As a result of the conviction they insist on filing multiple lawsuits – usually with no merit […]
Shooting in Bar Injuring Eight Excluded Battery One summer night in 2015, gunshot blasts pulverized the sociable hum of a nightclub in Louisville, Kentucky. Somebody had brought a firearm into the bar, and the ensuing discharge of bullets struck eight people. Six of those people sued the nightclub’s owner, Cole’s Place, Inc. (“Cole’s Place”), in […]
Lawyer Must Report All “Potential” Claims of Malpractice When Applying for E&O Insurance Almost all legal malpractice insurance policies issued in the last 40 years have been claims-made policies that only respond to claims made during the effective dates of the policy. As a result, insurers demand that when a lawyer applies for insurance he […]
No Excuse, No Coverage, for Intentional and Criminal Abusive Conduct Bad people do bad things. Forcing a woman to have an abortion; beating that woman, and imprisoning her while threatening to kill her mother, cut off her fingers and force her to act against her doctor’s recommendations are all intentional and abusive conduct that is […]
Summary Judgment Entered for Insured finding Insurer’s Conduct Tortious Bad Faith It is almost impossible to obtain a summary judgment finding an insurer acted in bad faith allowing an insured to recover tort damages. However, it is not impossible, and the facts stated by the court in Shawnee Tabernacle Church And Az Learning Day Care v. […]
Once Coverage is Bound Cancellation Requires Compliance with Statutory Requirements Insurance agents and brokers like to write insurance business. They will often bend over backwards to collect a premium and place a policy. When an insured is offered coverage, accepts the coverage, even without payment, a binder (evidence of insurance to be issued in the […]
Assignee has no more Right to Sue than Assignor No fault insurance was designed to save insurers and insureds money by removing automobile accident damages from the tort law system. Like all seemingly good ideas the no fault insurance systems, like Florida’s PIP system, were victims of the law of unintended consequences. One of those […]
Liability Policy Limited to Insured Residence Premises Houses are often homes. Not all houses are homes. Not all properties with a house are residences or residence premises. Insurance policies never cover every conceivable potential exposure the insured faces. By their terms the policy limits its exposure based on the requirements and needs of the insured […]
Careful Pleading Requires Defense When Evidence Does Not Courts like those in Florida that apply the four corners rule of insurance contract interpretation of the duty to defend allow a plaintiff’s lawyer to skillfully draw a complaint that will require the defendant’s insurer to defend even when it is clear from existing evidence that there […]
Recommendation of Contractor by Insurer not Employment of Contractor I’ve been involved in insurance claims for more than 51 years and it is invariable that even when an insurer does everything required of it by a policy of insurance the person insured is seldom totally pleased, the person insured wants more than the policy promises, […]
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