Hurricane Katrina was a huge warning to me about the problem of underinsured homes. We represented hundreds of “slabbed” homes—those where the only thing left was a concrete slab. Virtually all of them were severely underinsured. Some may suggest that this is the most widespread coverage gap.… Continue Reading
When an insurance company receives notice of a claim, there are a number of individuals who will ultimately work on or handle the claim in one way or another. Insurance companies, like many other types of corporate entities, typically have a hierarchy of employees. Claims departments, in particular, are made up of a number of … Continue Reading
In Plaintiffs are Entitled to the Claims File in a Bad Faith Lawsuit, The Big Picture in Discovery of Insurer Claims Practices, Overcoming Work Product Objections that Relate to an Insurer’s Claims Investigation, and Reserves Are Important in Insurance Coverage and Bad Faith Claim Disputes, I addressed different kinds of documents that policyholders’ attorneys should … Continue Reading
I dedicated my posts these last few weeks to discussing how to obtain information on an insured’s prior claims or other insureds’ similar claims. There are a few other things that policyholders’ attorneys should keep in mind when seeking this kind of information through discovery in a bad faith case.… Continue Reading
Most of you are familiar with the concept of reserves. How many of you are familiar with the role of reserves in a bad faith case? Is this type of information even discoverable? Although it might not sound terribly significant, it is an important factor that should be evaluated and which many attorneys may overlook.… Continue Reading
Safeco Insurance Company cancelled depositions in a Texas insurance litigation matter yesterday. So, we spent the day working on Safeco and Liberty Mutual Insurance Company discovery and networking with other consumer attorneys who are helping clients with Safeco and Liberty Mutual claims problems. The collegiality of policyholder attorneys helping each other is refreshing. The Texas … Continue Reading
Charles Miller is a respected insurance claims expert whom I have retained as a consultant and testifying expert on various matters over the past decade. I enjoy debating and discussing various insurance claims and coverage issues with him.… Continue Reading
Claims expert Charles Miller reminded me that the First Party Claims Conference is only three weeks away. Most claims conferences involve third party, worker compensation, medical and automobile claims. Few are devoted to first party property insurance claims and coverage issues.… Continue Reading
Charles Miller is one of the most hardworking and dedicated students of American claim practices today. He recently published an article in the Connecticut Insurance Law Journal regarding claims practice testimony in bad faith cases. For practitioners, it is a must read.… Continue Reading
The best way to prepare for an insurance settlement is to prepare the case for trial. Trying to predict what would probably happen at trial is a great way to gauge the value of an insurance dispute. I am writing this while flying to New Orleans for a mediation tomorrow morning. This blog post may … Continue Reading
