So far in this column, I’ve written several articles that are titled, or could have been titled, “Just Because It’s Not Covered Doesn’t Mean It’s Not Covered.” Sometimes a policy almost certainly was never intended to cover a particular type …
This morning, I wrote an article for the CPCU CLEW (Coverage, Litigators, Educators & Witnesses) Interest Group called “On Becoming an Insurance Coverage Nerd.” This afternoon, in this column, I get to demonstrate one of the values of being a …
Last month, I shared a claim I had consulted on involving mobile equipment. The adjuster had incorrectly denied the claim because he failed to read both the definition of “mobile equipment” and the exclusion that referenced the definition. When determining …
Just Because It’s Not Covered Doesn’t Mean It’s Not Covered … The Entirety of Contract Doctrine – Part 1 An invariable practice of the late, great Don Malecki, CPCU, was that, when serving as an expert witness in a contested …
An elderly widow in Kentucky was admitted to a nursing home to recuperate from surgery. During her convalescence, her nonresident children visited the home frequently, though no one spent the night there, prepared meals, or otherwise lived in the home. …
On March 16, a lawsuit was filed in district court in New Orleans seeking a declaratory judgment about whether the business income coverage in a Lloyd’s property policy would cover a government-mandated shutdown or curtailment of a restaurant due to …
For a number of years, I’ve done a workshop called “The Adventures of Ace Insura, Claims Detective.” Participants assist Ace in solving a variety of coverage and claims mysteries. Each case has one or more learning points that cumulatively lay …
For much of the country, ’tis the season to beware of frozen water pipes. In this month’s column, we examine two such real-life claims from the Dakotas, one personal lines and the other commercial lines. Both are good examples of …
Last year, I wrote a 12-part series of Insurance Journal columns based on my book “When Words Collide: Resolving Insurance Coverage and Claims Disputes” where I shared the principles and practices I’ve applied over the past 30-plus years in resolving …
In the past two columns, we examined eight legal and contractual principles nonlawyers can use to resolve most claim disputes without litigation. In this month’s column, we’ll wrap up this discussion with nine other principles. Entirety of Contract By now, …
