Abigail Horvat | Cozen O’Connor In the insurance industry, insurers often maintain split files for complex liability claims as an administrative control that enables their defense of an insured(s) while simultaneously investigating coverage issues. While some insurers maintain split files for all claims, others may do so on a claim-by-claim basis or upon request from… Continue reading One Claim, Two Lenses: Legal and Practical Implications of Splitting The Claim File
Category: Insurance
AI Exclusions in Insurance Policies: A Growing Threat and What to Do
Natalie DuBose and Greg Van Houten | Haynes Boone The Problem The use of artificial intelligence, and thus the exposure associated with artificial intelligence, is exploding. At the same time, insurance companies have begun to roll out artificial intelligence exclusions, and the terms of some of those exclusions are exceedingly broad. For example, some insurers… Continue reading AI Exclusions in Insurance Policies: A Growing Threat and What to Do
Shared Goals, Superior Results: Using CIAs to Minimize Disputes and Unlock Value in Construction Claims
Tim Hampson | Ankura Large construction projects often involve layered contractual relationships, pass‑through claims, and competing commercial interests. When disputes arise, the default approach is frequently adversarial — prime contractors and subcontractors pursue parallel or competing claims, often against each other as much as against the owner. While familiar, this “fight it out” model tends… Continue reading Shared Goals, Superior Results: Using CIAs to Minimize Disputes and Unlock Value in Construction Claims
Using Aerial Imagery in Insurance and Related AI: Emerging Regulatory Themes
Paige Waters | Carrier Management As more insurers integrate aerial imagery into underwriting, rating and claims workflows, state insurance departments are responding with a growing body of guidance. While each insurance department bulletin reflects local law and priorities, a fairly consistent regulatory narrative is emerging—one that accepts the technology but insists on disciplined, fair and… Continue reading Using Aerial Imagery in Insurance and Related AI: Emerging Regulatory Themes
Supreme Court of Texas Reaffirms Strict Constructive‑Notice Standard in Slip‑and‑Fall Cases
Steven Moreno | Cozen O’Connor Overview In a significant decision for premises owners and occupiers, the Supreme Court of Texas has reaffirmed (and strictly enforced) the evidentiary burden plaintiffs must meet to establish constructive notice in slip‑and‑fall cases. In H‑E‑B, L.P. v. Marissa Peterson, the Court held that evidence of prior roof leaks elsewhere in a… Continue reading Supreme Court of Texas Reaffirms Strict Constructive‑Notice Standard in Slip‑and‑Fall Cases