A restaurant that was temporarily closed by order of officials after Sandy has had its insurance claim rejected

The owner of a restaurant in Liberty State Park that was temporarily closed for several weeks by order of New Jersey officials after Superstorm Sandy has had its claim for payment under the “civil authority” provision in its insurance policy rejected by an appellate court in New Jersey.

AOB abuse in Florida rises 70% in 15 years

In its recently published ‘Assignment of Benefits Report for Florida,’ the III estimates that Florida’s auto and homeowners’ policyholders have paid about $2.5 billion more for insurance over the past dozen years to cover the increase in legal costs triggered by AOB lawsuits.

When are the results of a claims investigation considered protected “work product” effectively excluded from discovery?

As an independent claims adjuster, it is rare that any of the inspections I am contracted to complete are conducted with the anticipation of future litigation. In the normal course of doing business, an insured party files a claim for damages with their insurance company. That company outsources the inspection process to a local licensed […]

The New Jersey State Bar Association opposes “drastic” change in law to favor insurance producers

To the extent that an insurance producer represents the interests of the policyholder/buyer by whom he is retained, then that relationship is a fiduciary one based on the buyer’s financial trust placed in the broker who is in a position of superior knowledge and expertise. Under those circumstances, that producer’s duties run exclusively to the buyer, and give rise to potential violations actionable in tort as a matter of professional liability, not contract.

Does an insurer’s duty to settle arise only when the injured party presents a valid offer to settle within the insured’s policy limits?

The most reasonable construction of the [evidence], when considered as a whole, is that they do not include a 30-day deadline for acceptance of the
offer to settle.

May an insurance claims adjuster be held individually liable for acts undertaken within the scope of their employment?

In March of last year, a state appellate court overruled the trial court’s decision2 and found that Keodalah could file an individual bad faith claim against the adjuster, saying that the relevant state law makes no distinction between corporations and individuals. The case is now before the Washington Supreme Court.

A DIVIDED FLORIDA SUPREME COURT DRASTICALLY EXPANDS LIABILITY FOR BAD FAITH CLAIMS

the Supreme Court specifically took issue with the appellate court’s statement that, “even if GEICO’s actions were negligent, negligence alone is insufficient to prove bad faith.” Although it acknowledged that “negligence is not the standard,” the Supreme Court stated that “because the duty of good faith involves diligence and care in the investigation and evaluation of the claim against the insured, negligence is relevant to the question of good faith.”

King County sues insurance company over rejection of claim for Magnolia pipeline repairs

The lawsuit was filed after Ace did not respond to the county’s notice within the 20 days required under Washington’s Insurance Fair Conduct Act, according to the complaint.

King County is seeking reimbursement of the cost of the repairs, Consumer Protection Act damages and attorneys’ fees. The county is also seeking an award of treble damages, which would triple the amount Ace pays if a judge agrees.

Delaware Insurance Department Approves Genworth Acquisition by China Oceanwide

Trinidad Navarro, Insurance Commissioner of the State of Delaware gave final regulatory approval today to the Form A Application (the “Application”) of China Oceanwide Holdings Group Co. Ltd and certain of its affiliates (“China Oceanwide”) to acquire Genworth Life Insurance Company (“GLIC”) and certain of its affiliates. The Application was first filed by China Oceanwide over two years ago.

AmTrust Restaurant Risk Report 2018: Average Injured Food Service Employee Takes 30 Days to Return to Work

Injuries to restaurant workers cause employees to miss an average of 30 days from work, according to claims data analyzed by AmTrust Financial Services, Inc., the nation’s fourth largest provider of workers’ compensation insurance.