Jim Sams | Claims Journal A Colorado law that allows claimants to collect double coverage if a claim is unreasonably denied or delayed does not allow plaintiffs to hold claims adjusters personally liable, the state Supreme Court decided Monday. In a unanimous decision, the high court said the plain statutory language makes it clear that insurers,… Continue reading Colo. Supreme Rules Adjuster Can’t Be Held Personally Liable for Denied Claim
Category: Insurance
Texas Supreme Court Cements Exception to “Eight-Corners” Rule Through Two Recent Rulings
Jeremy Macklin | Traub Lieberman The Texas “eight corners” rule precludes insurers from disclaiming a defense obligation based on facts not alleged in the underlying pleadings. Texas federal and appellate courts have been issuing rulings addressing exceptions to the eight corners rule and recently sought guidance from the Texas Supreme Court on whether Texas law recognizes… Continue reading Texas Supreme Court Cements Exception to “Eight-Corners” Rule Through Two Recent Rulings
Landmark Montana Supreme Court Decision Series: Known Loss Doctrine & Interpretation of “Occurrence”
Lorelie S. Masters, Patrick M. McDermott & Rachel E. Hudgins | Hunton Andrews Kurth In this final post in the Blog’s Landmark Montana Supreme Court Decision Series, we discuss the court’s ruling on the known loss doctrine and its interpretation of “occurrence” in National Indemnity Co. v. State, 499 P.3d 516 (Mont. 2021). Personal injury claims against… Continue reading Landmark Montana Supreme Court Decision Series: Known Loss Doctrine & Interpretation of “Occurrence”
Beyond the Eight Corners: Determining Whether a Liability Insurer’s Duty to Defend Is Triggered
Andrew Gann, Etahjayne Harris and Nicholas Hill | McGuireWoods In two recent decisions, the Texas Supreme Court defined the limited parameters in which Texas courts can look beyond the “four corners” of the complaint against the policyholder and the “four corners” of the insurance policy (i.e., the “eight-corners rule”) when determining whether an insurer’s “duty… Continue reading Beyond the Eight Corners: Determining Whether a Liability Insurer’s Duty to Defend Is Triggered
Frozen Pipe Claims: Subrogation, Common Failures, and Complex Causes
Andrew Schmit | Claims Pages Each year, water damage and freezing pipes cost insurers $15-$20 billion and result in claims from approximately 1 in 50 insured homes.1 While many cases of water damage are caused by a lack of maintenance or normal wear and tear, in the winter months, claims related to water damage and freezing… Continue reading Frozen Pipe Claims: Subrogation, Common Failures, and Complex Causes