What is an Offer Judgement and can it Really Lower the Cost of or Shorten Litigation?

Timothy R. Engelbrecht and T. Nicoholas Goanos | Butler Weihmuller Katz Craig | January 11, 2017 Insurance coverage litigation today is often time consuming and expensive.  Many cases include claims for “bad faith” damages, and some cases seek punitive damages.  To support their allegations, litigants will usually seek a wide-array of documents and testimony.  Accordingly,… Continue reading What is an Offer Judgement and can it Really Lower the Cost of or Shorten Litigation?

“Other Insurance” Provisions

Shane Smith | Property Insurance Coverage Law Blog | January 22, 2017 In 2012, the Barnard Elementary School Building (“Barnard Building”) in Tulsa, Oklahoma sustained approximately $6 million in fire damage in 2012. There were two insurance policies covering the same policy period: (1) a policy issued by Philadelphia Indemnity Insurance Company (“Philadelphia”) to the… Continue reading “Other Insurance” Provisions

For Adjuster Ethics, the “I’s” Have it!

Ken Brownlee, CPCU | Property Casualty 360° | January 6, 2017 In his introduction to Winning by the Rules, Ethics and Success in the Insurance Profession, the Iconoclast identifies a number of words, each beginning with the letter “I,” that are often associated with ethics: Integrity, (implying Incorruptibility), Information (which requires Intelligence), Initiative, Ingenuity, Imagination,… Continue reading For Adjuster Ethics, the “I’s” Have it!

Damages or Injury “Likely to Occur” or “Imminent” May No Longer Trigger Insurance Coverage

Masaki J. Yamada | Ahlers & Cressman PLLC | December 22, 2016 Washington Courts allow an insurer to determine its duty to defend an insured against a lawsuit based only on the face of the complaint and the limitations of the insurance policy.  This is otherwise known as the “eight corners” rule (four corners of… Continue reading Damages or Injury “Likely to Occur” or “Imminent” May No Longer Trigger Insurance Coverage

Surety’s Settlement Without Principal’s Consent Is Not Bad Faith

Tred Eyerly | Insurance Law Hawaii | December 26, 2016 The Sixth Circuit found that the surety did not act in bad faith when it settled the general contractor’s claims against the State of Michigan over delays on a construction project. Great Am. Ins. Co. v. E.L. Bailey & Co., 2016 U.S. App. LEXIS 20018 (6th… Continue reading Surety’s Settlement Without Principal’s Consent Is Not Bad Faith

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