Certificate of Insurance Has Legal Efficacy Although issued by insurance agents with alacrity, Certificates of Insurance (COA) are important documents relied upon by those who receive them to provide comfort that the person they are dealing with is appropriately insured. When someone fails to obtain an accurate COA or alters a legitimate COA and forges […]
Statute Makes Individual Adjuster Liable for Tort of Bad Faith The state of Washington, in an attempt to protect consumers, has acted in a way to drive insurers and their employed adjusters out of the state. This case makes it financially dangerous to be an insurance adjuster in Washington state. I have railed against the […]
No Cover Available from Excess and Umbrella Policies Insurers use a self-insured-retention (SIR) to avoid the expense of dealing with small claims and avoid the expense of defending or indemnifying an insured until the SIR or underlying insurance is exhausted. As a result the excess insurer can charge a small premium because its exposure is […]
Creative Criminal Gets 57 Months in Prison If criminals would put in the effort and skill they use to defraud insurers they would own a multi-million dollar business. Rather, they get short term profits and then find themselves is an 8 foot by 12 foot cell in a federal prison. In United States Of America […]
Appellate Court May Not Rewrite Insurance Policy Construction contracts are risk transfer devices. They often require each subcontractor to name the general contractor and the owner as an additional insured. The requirement can include multiple additional insured. Insurance policies, even though they are written in easy-to-read language are the least read contracts in business. They […]
Is it Fair to Require an Insurer to Pay for Periods for which it Received no Premium? Some events causing pollution damage can occur over many decades, even more than a century. Existence of coverage for risks of loss by pollution did not exist, was unavailable to certain industries or was not purchased by the […]
Fourth Circuit Stops Asbestos Bleeding After Aggregate Limit is Exhausted υAsbestos litigation has destroyed multiple businesses who dealt with the product. Insurers of those entities have spent billions of dollars defending and indemnifying those insureds who dealt with asbestos. Some insurers who insured the asbestos producers were made insolvent. Many asbestos claims were established to […]
Insured May Not Lie to Avoid Summary Judgment No one likes to have an insurance claim denied even if the insurer has a good reason for denying the claim. In litigation, as in every aspect of insurance, both parties to the insurance contract owe an obligation to deal fairly and in good faith with each […]
Insured May Not Lie to Avoid Summary Judgment No one likes to have an insurance claim denied even if the insurer has a good reason for denying the claim. In litigation, as in every aspect of insurance, both parties to the insurance contract owe an obligation to deal fairly and in good faith with each […]
Pollution Exclusion Is Conspicuous, Plain and Clear Insurance lawsuits abound like then ten plagues Moses imposed on Egypt. Insurers spend hundreds of hours and millions of dollars to write their policies in a way that they only take on the risks of loss they intend to take on and clearly, conspicuously, plainly and clearly exclude […]
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