Litigation

News

Citizens Property Insurance eyes ‘assignment of benefits’

Jim Turner | September 18, 2018

Assignment of benefits, which involves policyholders signing over insurance claims to contractors, has been highly controversial in recent years, particularly involving water-damage claims.

News

Gov. Cuomo signs legislation to give benefits for 9/11 volunteers, workers

Denny Jacob | September 12, 2018

The extension allows more individuals additional time to file for workers' comp., disability and accident death benefits.

Investigation

120 in N.J. charged for $8M in false Sandy relief fund applications

Steven A. Meyerowitz | August 31, 2018

Most of the defendants were alleged to have filed fraudulent applications for FEMA relief funds.

Analysis

Gulf increases between N.Y. and N.J. insurance coverage law

Robert D. Chesler | August 30, 2018

The courts have recently taken diametrically opposed positions with respect to a critical issue in insurance coverage.

Analysis

The ins and outs of business interruption insurance

Nancy Kornegay, Karl Killian and Shawn Pickens | August 29, 2018

Business interruption insurance can be the difference between a company's survival and its demise.

News

Examining cyber risks and coverage options

Patricia L. Harman | August 27, 2018

A new report from RIMS shares some insights on cyber insurance and handling the resulting claims from an event.

Best Practices

Examining temporary staffing agency risks

Gerry Sorge | August 22, 2018

Employers and agencies are both responsible for the temporary worker’s safety and health.

Expert Opinion

Identifying Legionella risks for workers

Hung Cheung, M.D. | August 21, 2018

Legionella can be fatal if it enters a building’s water system or other water-related areas.

Commentary

Guns, schools and claims – Part 3

Ken Brownlee, CPCU | August 17, 2018

Investigating a school-related claim is like any other type of governmental claim.

News

Did six-month delay doom insurer’s appraisal demand?

Steven A. Meyerowitz | August 16, 2018

An appraisal can be an important part of an insurance claim, but policyholders and carriers may reach an impasse, which can affect the claim.

News

Microsoft's captive insurer settles license, tax issues for $877K

Rosalie Donlon | August 15, 2018

Washington State insurance commissioner plans to look into other captive insurers after this ‘test case.’

News

Reinsurers not liable for $26M judgment for failed loan

Greg Land | August 13, 2018

The decision turned on whether the court had the jurisdiction to hold a group of foreign-based reinsurers liable for a $26 million arbitration award.

Analysis

What top personalities can teach us about reputational risk

MP McQueen | August 13, 2018

Better due diligence along with thoughtfully drafted contractual clauses, appropriate insurance and planning can lessen the risks, say legal experts.

News

Texas woman heading to prison for burning down house for insurance money

Steven A. Meyerowitz | August 10, 2018

Genevieve Thompson has been sentenced to 30 years in prison after pleading guilty to arson and insurance fraud.

News

Blazing trails: Calif. commish to lead national cannabis insurance committee

Danielle Ling | August 09, 2018

NAIC's Cannabis Insurance Working Group will work to address the issue of insurance availability for the legalized cannabis industry.

News

Putative class action against CIBA Insurance voluntarily dismissed

Greg Land | August 07, 2018

CIBA’s attorney said the complaint was baseless & part of a pattern of spurious lawsuits being filed against the company.

Analysis

Guns, schools and claims – Part 2

Ken Brownlee, CPCU | August 03, 2018

Schools can be held responsible for what their personnel and students may do to each other.

Analysis

Failure to provide records dooms $400,000 jewelry claim

Steven A. Meyerowitz | July 31, 2018

Inconsistencies and a lack of cooperation raise coverage issues

News

Amazon not liable for laptop battery fire, court says in Allstate subrogation suit

Charles Toutant | July 31, 2018

Court rules Amazon can't be held liable as seller of a laptop battery that caught fire and destroyed a customer's home.

Market Insights

The risky business behind live events

Denny Jacob | July 30, 2018

The world of live events has changed — much for the better, but dangers still lurk.

News

Crime insurance may cover cyber fraud

Joshua Gold | July 26, 2018

U.S. 2nd and 6th Circuits find coverage for cyber fraud under crime policies, rejecting 'direct loss' argument.

News

MGM's suits against Las Vegas shooting victims are unprecedented

Amanda Bronstad | July 20, 2018

The lawsuits seek declaratory relief that MGM was not liable for the massacre.

Case Study

Zip-lipped owner of burned home breached insurance contract, court finds

Greg Land | July 20, 2018

An Allstate policyholder had a contractual obligation to answer questions about his fire-razed home.

News

New York's global warming suit against oil companies tossed

Bob Van Voris and Kevin Crowley | July 19, 2018

The lawsuit sought to hold five of the biggest oil companies financially responsible for contributing to climate change.

Delaware court upends $13.7M insurance judgment in asbestos suit

Tom McParland | July 19, 2018

Ruling focused on choice of law in corporatewide insurance policies.

News

J&J ordered to pay almost $4.7 billion in talc asbestos cancer case

Margaret Cronin Fisk, Tim Bross and Jef Feeley | July 12, 2018

Women claimed asbestos in the company’s talc products caused them to develop ovarian cancer.

News

Is a carrier’s claim file covered by attorney-client privilege?

Steven A. Meyerowitz | July 12, 2018

When an insurer denied liability for a bad faith lawsuit, the plaintiff argued that the denial waived the attorney-client privilege over the claim files.

Best Practices

Litigating product liability claims with foreign entities

By Shelby Guilbert and Nicholas Hill | July 10, 2018

Read the fine print when purchasing coverage from foreign insurers.

Case Study

Insurer questions impact of athlete’s injuries

Steven A. Meyerowitz | July 09, 2018

An ex-pro football player who received workers’ comp benefits may have to return them after appearing on Survivor.

Research

12 industries at risk of failing to manage the Earth's natural resources

Denny Jacob | July 09, 2018

Resource scarcity, regulatory action and pressure from communities and societies over natural resources continue to grow.

Analysis

Courts to determine allowable evidence for suits involving insurance claims

Matthew J. Smith, Esq. | July 06, 2018

Two cases on opposite coasts could dramatically affect person injury litigation.

Editor's Letter

Guarding our reputations

Patricia L. Harman | July 06, 2018

Reputational risk is increasing for organizations as social media and technology advance.

News

Can you sue for lost business income after policy's time limit?

Steven A. Meyerowitz | July 05, 2018

One company challenged the lawsuit limitations period, saying it couldn’t ascertain its losses in that time. See what a federal appeals court ruled.

Best Practices

Choosing mediation over litigation

Gregory Service | July 04, 2018

Mediation offers policyholders another option to settle a claims dispute.

News

Texas lawyer sentenced for insurance fraud involving roof claims

Steven A. Meyerowitz | July 03, 2018

Attorney gets 5 years in prison for a scheme involving fraudulent lawsuits filed after hail storms.

News

Geico hit with $2M post-apportion award in bad faith suit

Greg Land | June 29, 2018

Is an insurance company really liable for bad-faith when it alleges that it had no notice of a claim? See what one Georgia jury decided.

Commentary

Why do injured workers turn to attorneys in workers’ compensation cases?

Joe Rubinsztain | June 28, 2018

There are four system failures that lead to litigation.

News

Beers at work after hours may be a 'function' for insurance purposes

Steven A. Meyerowitz | June 28, 2018

Are casual drinks after work on the employer's premises the equivalent of a holiday party with similar liability issues? See what one court had to say.

News

City climate change suits against big oil tossed by judge

Peter Blumberg and Robert Burnson | June 26, 2018

The suits thrown out Monday sought to recover the cost of infrastructure needed to protect against rising sea levels.

Analysis

D&O issues with blockchain, cryptocurrencies & ICOs

Todd D. Kremin and Jonathan L. Schwartz | June 26, 2018

Recent litigation has defined exposure that insurance professionals should be keenly aware of.

News

MetLife accused of defrauding investors over pension reserves

Katherine Chiglinsky and Neil Weinberg | June 25, 2018

Massachusetts Secretary of the Commonwealth claims MetLife’s public filings had 'material misstatements.'

Market Insights

Post-traumatic stress disorder in workers' compensation

Bruce Spidell | June 25, 2018

Although PTSD is more common among first responders, it can affect employees in any industry or location.

News

Icahn sues AmTrust directors over going-private transaction

Jef Feeley | June 22, 2018

Icahn, who owns a 9.4% stake in Amtrust, says the going-private deal unfairly benefits the controlling Karfunkel family.

News

Former Brooklyn assemblywoman pleads guilty to Superstorm Sandy fraud

Steven A. Meyerowitz | June 22, 2018

Pamela Harris allegedly defrauded FEMA out of $25K by falsely claiming she had been forced out of her damaged residence.

News

Scooter risks? Popular transportation fad brings accidents & liability questions

Anousha Sakoui and Edvard Pettersson | June 21, 2018

Scooter-related accidents, including by pedestrians who get hit by a scooter, have jumped.

News

No 3rd-party indemnification for workers’ comp payments

Steven A. Meyerowitz, Esq., Director, FC&S Legal | June 21, 2018

Hawaii Supreme Court issues ruling in workers' compensation case of first impression.

Analysis

Legal lessons following a busy CAT season

Jason Wolf | June 20, 2018

Lawsuits related to multiple hurricanes question some claims practices.

Market Insights

Top causes of high-dollar workers' comp claims

Mark Walls and Stephen Peacock | June 19, 2018

Safety National recently completed a review of its largest workers' comp claims and uncovered certain trends employers should be aware of.

Commentary

Guns, schools and claims: Part 1

Ken Brownlee, CPCU | June 15, 2018

Arming teachers may cause more problems than it solves.

News

Connecticut court’s concrete ruling could impact thousands

Steven A. Meyerowitz, Esq. | June 15, 2018

Homeowners with potential concrete repair claims, take note.