Articles by Jim Sams

Sams is editor of ClaimsJournal.com, the online resource and daily newsletter for property/casualty insurance claims professionals. ClaimsJournal is a member of the Wells Media Group. Sams can be reached at jsams@wellsmedia.com

Church Tried to Exclude Named Storms, But Appeals Court Says Coverage Due Anyway

In 2015, the Shilo Christian Center in Melbourne, Florida, cut its property insurance premiums in half by asking its insurer to drop coverage for named windstorms. Hurricane Matthew struck the next year, ripping the roof of the church and unleashing …

Federal Appeals Court: Corps Doesn’t Have to Review ‘Polluting Spillway’

The Bonnet Carre Spillway diverts Mississippi River flood flows away from New Orleans into Lake Pontchartrain, Louisiana which connects to the Mississippi Channel and eventually the Gulf of Mexico. The spillway has been opened only 15 times since construction was …

APCIA Says Property Insurance Market ‘Hardest in a Generation’

A combination of historic high inflation and a growing frequency of natural catastrophes is creating the hardest market in a generation for property insurance, the American Property and Casualty Insurance Association (APCIA) says in a new white paper. “The growth …

Federal Law Preempts Stolen Cargo Claim by Insurer Against Florida Transport Broker

Landstar Ranger, a transportation broker based in Jacksonville, sent a truck driver who called himself “James” to pick up cargo in Colorado for delivery to Maryland. A dispatcher authorized the pickup even though the driver’s telephone number and email address …

Court Finds Insurer’s Evidence Insufficient to Support Subrogation Suit

Circumstantial evidence suggesting a fire that damaged four buildings in the Queens neighborhood of New York City was caused by improper use of extension cords was not enough to allow an insurer to proceed with a subrogation lawsuit, a federal …

Is a Scooter a Vehicle? Appeals Court Says ‘Yes’ and State Farm Must Pay UM Claim

State Farm must pay an uninsured motorist claim for injuries caused by an electric motor scooter even though the scooter didn’t match the definition of “motor vehicle” in Florida statutes, a panel of the 11th Circuit Court of Appeals ruled …

Heavier Vehicles, Distracted Drivers Impacting Claim Severity

U.S. roadways are carrying heavier, more powerful vehicles operated by motorists who are older, driving faster and more often distracted, according to CCC Intelligent Solutions’ annual Crash Course report. Each of those factors has a bearing on the frequency and …

Louisiana Supreme Court Reverses, Finds No Coverage Owed for COVID Shutdown

The Louisiana Supreme Court has joined state high courts across the nation in rejecting a policyholder’s business-interruption claim for income lost because of government restrictions imposed to slow the spread of COVID-19. The high court on March 17 reversed the …

South Carolina Supreme Court Clarifies Law on Uninsured Motorists, Liquor Liability

The South Carolina Supreme Court on Wednesday handed down three opinions that resolve two questions about insurance law. One decision will probably disappoint auto insurers; another will please carriers in the liquor liability line. In two separate decisions, the high …

Federal Appeals Court Says Corps Doesn’t Have to Review ‘Polluting Spillway’

The Bonnet CarrΓ© Spillway diverts Mississippi River flood flows away from New Orleans into Lake Pontchartrain, which connects to the Mississippi Channel and eventually the Gulf of Mexico. The spillway has been opened only 15 times since construction was completed …