April 20, 2009
Understanding the Rights and Obligations Imposed on the Insured One of the most powerful tools available to an insurer in adjusting first-party property claims is the right to examine the insured under oath (EUO). Thus, it is important that every …
April 20, 2009
Challenges to the Notice Requirement Medical malpractice liability insurance policies, like most professional liability insurance policies, are typically “claims-made” policies. While there are variations, claims-made policies generally provide coverage only for those claims that are made during the policy period …
February 22, 2009
In this litigious day and age, lawsuits alleging breach of the insurance policies, bad faith, unfair claims handling, unfair settlement practices or negligence by an insurance agent are so common that they are not considered particularly unique. Attorneys, insurers, insureds …
February 22, 2009
You May Not Know What You Think You Know About Flood Insurance Claims The Fifth Circuit has held that insureds have a duty to read and understand the terms of their SFIP. Whether you are an attorney, an insurance agent, …
February 22, 2009
California Insurance Code requires the appraisal procedure to be contained in every policy containing fire coverage, and it is frequently found in other property and casualty policies. It is critical for all insurance agents to understand the appraisal process so …
January 25, 2009
Fiduciary liability typically involves an employee suing an employer for not offering employee options for investing in a 401K plan, and the law weighs heavily in favor of the employee in these cases. The current financial crisis affects almost every …
January 25, 2009
Fiduciary liability typically involves an employee suing an employer for not offering employee options for investing in a 401K plan, and the law weighs heavily in favor of the employee in these cases. The current financial crisis affects almost every …
January 25, 2009
A new bill that took effect in January allows the California Department of Insurance to issue monetary citations against insurance brokers and agents for minor Insurance Code violations. Existing Law Under the existing law, Insurance Code §1746, when the Department …
January 11, 2009
Navigating the Valuation Quagmire As the saying goes, the devil is in the details. And insurance agents would be wise to explain the differences between actual cash value (ACV) and replacement cost value (RCV) to customers. Homeowners’ and commercial property …
November 30, 2008
Contractual Limitations Provisions in Insurance Policies: What Every Agent and Broker Needs to Know Generally, the statute of limitations for the breach of an oral agreement is four years. However, a shorter period is mandated by California Insurance Code Section …