Jason Ebe | Snell & Willmer 2020 is now behind us, and we have reason for a positive outlook for 2021. However, delays and impacts due to COVID-19 and other factors in 2020 will likely continue into 2021, and claims and disputes over relief will likely increase in 2021. A persuasive claim analysis and presentation… Continue reading Improving Recovery on Delay and Impact Claims Using American Society of Civil Engineers’ Standard
Category: Property Insurance Claims
Court’s Opinion Provides Guidance on Protecting a Claims Handling Manual as a Trade Secret
Karl A. Schulz | Property Insurance Law Observer In Chavez v. Std. Ins. Co., 2020 U.S. Dist. LEXIS 203610 (N.D. Tex. Oct. 30, 2020), Judge David C. Godbey considered a variation on a common scenario that arises in first party cases. Typically, the insured/plaintiff wants an insurer’s claims handling manual to use against the insurer in… Continue reading Court’s Opinion Provides Guidance on Protecting a Claims Handling Manual as a Trade Secret
Who Has Priority Over My Recovery? – An Overview Of The Made Whole Doctrine
Jessica Skarin | Butler Weihmuller Katz Craig After paying out a claim, insurers often pursue a subrogation recovery from a responsible third party. In evaluating the potential for recovery, subrogation specialists consider many issues including proof of liability, applicable contract provisions, statutory limitations, and the cost of pursing a recovery. Well informed insurers also work… Continue reading Who Has Priority Over My Recovery? – An Overview Of The Made Whole Doctrine
General Contractor Overhead And Profit And AOB Insurance Scams
Gary Wickert | Claims Journal A storm is rising, and it is not the type which causes damage to homes and vehicles. It causes damage of a much more insidious nature. Following a storm or other natural disaster, canvassers hired by the “hail cartel”—lawyers or opportunistic general contractors—can be found blanketing a neighborhood and knocking… Continue reading General Contractor Overhead And Profit And AOB Insurance Scams
Seven Signs a Claim is About to Go Wrong
Louie Castoria | Claims Magazine VETERAN CLAIMS EXECUTIVES know that sometimes lawsuits go off the rails. Juries can “run away,” key witnesses can crater on cross-examination, and judges can, occasionally, be injudicious. However, there are warning signs: It’s quiet, too quiet. Most insurers have reporting intervals stated in their litigation guidelines, but these represent minimum… Continue reading Seven Signs a Claim is About to Go Wrong