Kenneth Kan – September 17, 2013 With greater frequency I am getting calls from policyholders concerned their insurers’ claims investigations are more focused on finding reasons that support denial than coverage. Also, more claims are hastily or unnecessarily referred to the special investigation unit (SIU) when evidence of fraud is lacking. Most claims that end up in SIU… Continue reading An Insurance Company is Not Acting in Good Faith When it Holds Own Interests Above That of the Insured
Category: Insurance Claims
Can Your Fee Dispute Rise to the Level of Unfair Competition? Maybe; but Not This Time.
Gary Bresee – September 16, 2013 A fee dispute between Travelers, its contractor/insured and the insured’s counsel, is not your run of the mill fee dispute. Travelers alleges the existence of an illicit rate agreement between the contractor and its lawyers whereby the lawyers allegedly billed Travelers at a higher rate than the firm actually charged the… Continue reading Can Your Fee Dispute Rise to the Level of Unfair Competition? Maybe; but Not This Time.
New Jersey Mediation Settlements Must Be Reduced to Writing
Robert Trautman – September 8, 2013 Most people battling their insurance carrier over Hurricane Sandy claims have received a notice that they are entitled to participate in a nonbinding mediation process set up by the Department of Banking and Insurance. A recent New Jersey Supreme Court ruling mandates that any settlement reached in this or… Continue reading New Jersey Mediation Settlements Must Be Reduced to Writing
What Ever Happened to the Insurance Company’s Duty to Investigate a Claim?
Larry Bache – September 5, 2013 Most policyholder advocates have made it up to New Jersey or another jurisdiction affected by Superstorm Sandy over the last year. Recently, I was in Atlantic City fighting over coverage for one of my clients whose carrier truly missed the boat. The purpose of the visit was to allow… Continue reading What Ever Happened to the Insurance Company’s Duty to Investigate a Claim?
Insurers’ Motion to Knock Out Bad Faith, Negligent Misrepresentation Claims in Construction Defect Case Denied
Tred Eyerly – August 12, 2013 Having previously decided that construction defect claims did not arise from an occurrence and were consequently not covered under Hawaii law, the Hawaii Federal District Court refused to dismiss the insured’s second amended counterclaim alleging various claims for relief. Ill. Nat’l Ins. Co. v. Nordic PCL Construc., Inc., 2013… Continue reading Insurers’ Motion to Knock Out Bad Faith, Negligent Misrepresentation Claims in Construction Defect Case Denied