LexisNexis® Legal Newsroom
When is a lawyer not a lawyer? When the lawyer handles claims.

When is a lawyer not a lawyer? When the lawyer handles claims. Perhaps that is an overstatement regarding the title, but when a lawyer handles claims, or gives an insurance company advice in the ordinary course of claims handling business, the communications are not privileged and are not work product...

Medigap policy ambiguous but fairly debatable

The Wisconsin Supreme Court affirmed a $130,725.63 judgment against National States Insurance Company under a Medigap insurance policy. In Froedert Memorial Lutheran Hospital v. National States Ins. Co ., 2009 WI 33, the Wisconsin Court found that the portion of the Medigap policy at issue was ambiguous...

Compliance and Claims Issues for Foreign (Re)insurers Arising from the Chile Earthquake

By M. Machua Millett On April 12, 2010, Machua Millett of EAPD's Insurance and Reinsurance Department provided a brief webcast concerning compliance and claims issues arising from the Chile Earthquake. To view the Chile Earthquake Insurers webcast, please click here . To view the Chile Earthquake...

Gulf Oil Spill: Gusher of Insurance Claims

The British Petroleum Claims are Coming The British Petroleum Claims are Coming -- If Paul Revere had been a lawyer Right now there is only one thing that there is more of than oil floating in the Gulf of Mexico - blood. And the sharks smell it and are circling. One media report that I saw had...

Eyjafjallajokull, Deepwater Horizon, and Property Insurance

By Eugene Wollan, Senior Counsel, Mound, Cotton, Wollan and Greengrass On March 20, 2010, and again on April 14, 2010, Iceland's Eyjafjallajokull volcano erupted, creating a plume of ash and sediment so massive that air travel across Europe and the Atlantic Ocean was affected for weeks. On April...

LexisNexis® Podcast featuring John Watkins of Chorey, Taylor & Feil on "never pay" insurance policies

On this edition, John Watkins of Chorey, Taylor & Feil in Atlanta discusses the "never pay" insurance policy, tips for businesses in obtaining agents and brokers and what companies should do in the event of a claim or lawsuit. Copyright© 2010 LexisNexis, a division of Reed Elsevier...

Expect Gulf Oil Slick Claims to be Extensive and Impact Multiple Lines of Business

By Marc Lanzkowsky, Founder and Principal, Lanzko Consulting, Inc. As the losses in the gulf continue to rise, the true claims impact has yet to unfold I don’t think the insurance industry has felt the true brunt of the horrific events of the April 20 blast on the Deepwater Horizon...

Are Property Insurance Claims Getting Harder to Settle?

By Joe Whalen, Insurance and Risk Management Consultant, Farella Braun + Martel How much of a typical large property claim (property, builders risk, business interruption, and extra expense losses in excess of $5,000,000) actually gets paid by insurance, and how long does it take to settle a large...

Kyle N. Roehler on “The Storm of Coverage Questions Is Approaching—Will Contractors Be Covered for Chinese Drywall Claims?”

By Kyle N. Roehler, Attorney, Foland Wickens Eisfelder Roper & Hofer, P.C. In his article appearing in the July/August 2010 issue of Coverage , Mr. Roehler warns of the coming wave of insurance claims and ensuing coverage litigation over sulfur emissions from defective Chinese drywall. The article...

New Appleman Premium Online Checklists - § 37.03 Checklist: Evaluating Coverage Claims Under Directors' and Officers' (D&O) Insurance Policies

New Appleman Premium Online Checklists - § 37.03 CHECKLIST: EVALUATING COVERAGE CLAIMS UNDER DIRECTORS' AND OFFICERS' (D&O) INSURANCE POLICIES , is one of the 200 coverage checklists in New Appleman Premium Online Checklists. This online checklist provides step by step guidance to help...

New Appleman Premium Online Checklists - § 38.01 Checklist: Identifying Risks Covered By Errors and Omissions (E&O) Insurance

New Appleman Premium Online Checklists - § 38.01 CHECKLIST: IDENTIFYING RISKS COVERED BY ERRORS AND OMISSIONS (E&O) INSURANCE, is one of the 200 coverage checklists in New Appleman Premium Online Checklists. This online checklist provides step by step guidance to help practitioners identify...

New Appleman Premium Online Checklists - § 30.01 Checklist: Identifying Occurrences, Injuries, and Offenses Covered by Liability Insurance

New Appleman Premium Online Checklists - § 30.01 Checklist: Identifying Occurrences, Injuries, and Offenses Covered by Liability Insurance , is one of the 200 coverage checklists in New Appleman Premium Online Checklists. This online checklist provides step by step guidance to help practitioners...

LexisNexis(R) Announces Availability of LexisNexis Insurance Enterprise View

Integrated Insurance Solution Streamlines Operations with New Technology Platform For Policy, Claims, Billing and Reinsurance Data LexisNexis(R) Risk Solutions has announced the availability of LexisNexis(R) Insurance Enterprise View, a new modular solution that integrates data from multiple sources...

Calculating the Amount of Property Insurance Coverage – New Appleman on Insurance Law Library Edition, Chapter 47

By Richard J. Cohen, Daniel W. Gerber, and Michael T. Glascott, Partners, Goldberg Segalla LLP Section 47.01[1] discusses the fact that policies that insure tangible property require direct physical loss or damage to the covered property during the policy period. This section explains that there...

SNR Denton on Texas Mutual Insurance Co. v. Ruttiger: Texas Limits Extracontractual Claims Regarding Workers Compensation Benefits

By William T. Barker, Partner, SNR Denton In Texas Mutual Insurance Co. v. Ruttiger ,[1] the Texas Supreme Court limited the estracontractual claims available to injured workers regarding payment of workers compensation benefits and foreshadowed the likely elimination of those remedies. This commentary...

SNR Denton on Kartman v. State Farm: Claim Handling Class Actions and Bad Faith Without Coverage Take Another Hit

By William T. Barker, Partner, SNR Denton In Kartman v. State Farm Mutual Automobile Insurance Co. [1], the Seventh Circuit reversed certification of a class action for allegedly improper adjustment of claims for hailstorm damage to insureds' roofs. In the process, it added weight to the already...

California Appellate Court Addresses Professional Liability Coverage Issues

Court Discusses Meaning of "Claim," Scope of Dishonest Acts Exclusion and Defense Duties Most professional liability policies contain an exclusion for dishonest acts. Many also include provisions giving the insurer a right, but not a duty, to defend against covered claims. A recent decision...

The New 2013 Publication Update of New Appleman Insurance Law Practice Guide Arrives in November

The 2013 Publication Update of New Appleman Insurance Law Practice Guide Features: • New Practice Commentary Throughout the Publication by Members of the Appleman Editorial Board • Revision of 10 Chapters • Case Updates Throughout the Publication • Completely Updated over...