The Trouble With ‘Which’ and ‘That’

Gary Blake | Claims Journal | August 11, 2017 In my book, The Elements of Business Writing (Pearson Education), I have a section on “Misused and Troublesome Words.” Among the most troublesome pairs of words in English are which and that. Most people use them interchangeably, but each has its special place in communication. I wrote, “Ideally, that is used with a… Continue reading The Trouble With ‘Which’ and ‘That’

Few Judges and Insurance Regulators Worked in Property Claims: Understanding New Depreciation Rulings

Chip Merlin | Property Insurance Coverage Law Blog | August 16, 2017 Most judges and insurance regulators have never worked in property insurance claims departments. For that matter, few insurance attorneys have either (Merlin Law Group’s Javier Delgado worked his way through school as an independent adjuster). But, when I was starting out, an older and experienced… Continue reading Few Judges and Insurance Regulators Worked in Property Claims: Understanding New Depreciation Rulings

Insurance Bad Faith Can Also Be Found When an Insurer Fails to Properly Investigate the Claim

Denise Sze | Property Insurance Coverage Law Blog | July 31, 2017 Insurance Codes are regulated by each state, but ask any insurance company representative in any state and they will tell you it is an insurance company’s duty to place the insured’s interest ahead of the insurance company’s interests; and the proper way to… Continue reading Insurance Bad Faith Can Also Be Found When an Insurer Fails to Properly Investigate the Claim

Even When You Win, You Lose: Subcontractor’s Indemnity Obligation Enforced Despite Being Absolved of Liability at Trial

Scott Murphy | Barnes & Thornburg | July 25, 2017 In Provenzino v Macomb County, 2017 WL 104544 (Mich. App. 2017), the Michigan Court of Appeals reversed the trial court’s decision to dismiss a general contractor’s claim for indemnity where the plaintiff’s allegations arose “in any way” from the subcontractor’s work. The appeals court reasoned that the broad… Continue reading Even When You Win, You Lose: Subcontractor’s Indemnity Obligation Enforced Despite Being Absolved of Liability at Trial

Down…But, Not Out!

Anaysa Gallardo Stutzman | Zelle LLP | July 7, 2017 Assignment of benefits (“AOB”) have become a double-edge sword for the consuming public.  While the public policy reasoning for their creation, to allow the insured to obtain immediate, necessary assistance in meeting their mitigation obligation and getting back to pre-loss condition, remains sound, the increased… Continue reading Down…But, Not Out!