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

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 says in a new white paper. “The growth of …

WCRI: Injured Workers’ Emergency Room Use Varies Widely by State

PHOENIX — Nearly a third of injured workers in Massachusetts sought treatment for strains and sprains in a hospital emergency room, while in California and Nevada only 10% did, according to a study by the Workers’ Compensation Research Institute. That …

Wisconsin High Court: UI Insurer Can’t Deduct Money That Was Paid but Reimbursed

Wisconsin law allows insurers to deduct from their liability any amounts paid for the same injury by a worker’s compensation carrier, but does that include amounts that are paid and later reimbursed? Secura Supreme Insurance Co. argued that repayment makes …

Louisiana Supreme Ct. Reverses, Rejects Coverage 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 Friday reversed the Louisiana …

Moseley Law Firm, Mitchell Adjusting Under More Legal Troubles

A judge in Louisiana and a prosecutor in Texas have taken action to block two separate insurance fraud schemes: One by a law firm whose lawyers admitted filing claims on behalf of homeowners it did not represent and another by …

8th Circuit: COVID Stay-at-Home Orders Did Not ‘Quarantine’ Skiers

Government orders that restricted access to non-essential businesses during the early days of the COVID-19 pandemic were not “quarantines” that require a travel insurer to reimburse policyholders who did not get full use of their ski passes, a panel of …

Heavier Vehicles, Distracted Drivers Impacting Claim Severity

US 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 …

Federal Appeals Court Reverses, Allows $5M Bad Faith Claim vs. USAA to Proceed

The poorly executed handoff of a claims file from a retiring claims adjuster to his replacement may have made USAA liable for a $5.2 million excess judgment. A panel of the U.S. 11th Circuit Court of Appeals on Tuesday reversed …

Texas High Court: No Immunity for City that Closed Flood Gate During Downpour

Eleven property owners whose homes were flooded after a city of Brownsville official closed a flood gate may proceed with their claims against the city because of a statute that waives governmental immunity for damages caused by motor-driven equipment, the …

Rite Aid Not Liable in Warehouse Shooting That Killed 3 Workers

Rite Aid is not liable for a mass shooting that killed three workers at a warehouse in Maryland; not because it was protected by workers’ compensation immunity, but because the plaintiffs did not show the tragedy could have been foreseen …