Insurance Law

Recent Posts

No Good Deed Goes Unpunished: Negligence of Adjuster Not Basis for Bad Faith
Posted on 4 Sep 2014 by Barry Zalma

Insurance adjusters are people knowledgeable in insurance retained by an insurer for the purpose of assisting the insured in proving a loss to the insurer. A person who expresses to the insured the fidelity and good faith of the insurer. The adjuster... Read More

Two Courts Hold That Adjuster Can Be Personally Liable For Wrongful Claims Handling Conduct
Posted on 29 Jul 2015 by Randy J. Maniloff

Needless to say, claims adjusters won’t be happy with the Texas federal court’s decision in Linron Properties v. Wausau Underwriters Insurance Co., No. 15-293 (N.D. Tex. June 16, 2015), [subscribers can access an enhanced version of this opinion... Read More

More On Adjuster Personal Liability For Flawed Claims Handling
Posted on 8 Sep 2015 by Randy J. Maniloff

(Co-written with Tina Zheng -- summer associate at White and Williams and second year student at Cornell Law School) Try as we might, none of us are immune from making a mistake on the job. It matters not our effort nor how much experience we have... Read More

California Court of Appeal Holds Adjusters May Be Sued For Negligent Misrepresentations Made Within the Course and Scope of Their Employment
Posted on 27 Aug 2014 by Troutman Sanders

By William D. Burger, Jr. and Negar Azarfar The California Court of Appeal held in Bock v. Hansen , 225 Cal. App. 4th 215 (2014), [ enhanced version available to subscribers ], that an insurance adjuster may be held liable to an insured under... Read More

Dentons on Should Liability Insurance Claim Files Be Split and, If So, When?
Posted on 13 Oct 2014 by William T. Barker

By William T. Barker , Partner, Dentons US LLP Every liability insurance claim requires an adjuster to deal with issues relating to the plaintiff's claim against the insured: it must be evaluated and defended or settled. For purposes of this commentary... Read More

California Court of Appeal Allows Insured to Sue Adjuster Personally for Negligent Misrepresentation and Intentional Infliction of Emotional Distress
Posted on 16 Apr 2014 by Andrew B. Downs

By Andrew B. Downs Even though California courts have consistently recognized that employees of insurance companies are not parties to the insurance contract, and thus they cannot be held personally liable for breach of contract or for "bad... Read More