Psychological Reactance: The Hidden Bias in Claims Negotiation

Chris Casaleggio | Claims Journal “Give him a few more dollars and get the file closed.” I do not remember the exact words I used years ago, but I remember the feeling behind them. I was dealing with a claimant attorney who had become one of those names you recognize before you even finish reading… Continue reading Psychological Reactance: The Hidden Bias in Claims Negotiation

The Great Escape: Non-Invalidation Clauses and Property Damage Claims

Abigail Smith and Kaarthinga Manimaran | SDV Fenchurch At their core, non-invalidation clauses (“NICs”) recognise an important commercial reality: an insured cannot control everything that happens at its premises. In the event that an insured finds itself in breach of a condition or warranty owing to events that have increased the risk of damage to… Continue reading The Great Escape: Non-Invalidation Clauses and Property Damage Claims

The Storm’s-A-Comin’ – When Heavy Rains Cause Property Damage: Flooding, Mudslides and Inverse Condemnation

Bradford Kuhn | Nossaman With the recent rains, an upcoming El Nino winter, and rising high tides, property owners and public agencies in California are experiencing and preparing for property damage associated with floods, mudslides, high tides, and other water intrusion events. When that damage occurs, the next question is typically who is responsible –… Continue reading The Storm’s-A-Comin’ – When Heavy Rains Cause Property Damage: Flooding, Mudslides and Inverse Condemnation

The Rise of “Claimslop” and Administrative Burden in Insurance Claims Handling

Advise & Consult, Inc. Artificial intelligence was projected to streamline insurance claims handling by automating repetitive workflows and accelerating turnaround times. However, industry feedback indicates a counterintuitive trend: rather than reducing friction, uncritical adoption of generative AI has introduced a new class of administrative friction widely termed “workslop”—or more specifically in our sector, “claimslop.” Key… Continue reading The Rise of “Claimslop” and Administrative Burden in Insurance Claims Handling

Arizona Supreme Court Defines “Fortuitous Loss” in Insurance Coverage Disputes

Jared Bruttig and Andrew McNichol | Husch Blackwell In a significant decision for insurers and policyholders, on September 1, 2026, the Arizona Supreme Court in Industrial Park Center, LLC v. Great Northern Insurance Co. defined what constitutes a “fortuitous loss” in an insurance policy in response to a certified question from the U.S. Court of… Continue reading Arizona Supreme Court Defines “Fortuitous Loss” in Insurance Coverage Disputes