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

Ransomware Did Not Cause Direct Physical Loss, State High Court Says

A business owner’s insurance policy did not provide coverage for software damaged by a ransomware attack because there was no direct physical damage or loss, the Ohio Supreme Court ruled. “Computer software cannot experience ‘direct physical loss or physical damage’ …

Judge Eyes Sanctions Against Tx. Law Firm for Filing Frivolous Lawsuits

A law firm that was called into a federal judge’s courtroom to explain why there were so many errors in the hurricane lawsuits it filed against insurers now finds itself in hot water with a second federal judge. US District …

Death Claim Filed Too Late for Malpractice Reform Law, Says Pennsylvania High Court

The two-year statute of limitations for medical malpractice death claims applies even if the medical records available obscured the legal cause of death, the Pennsylvania Supreme Court ruled last week. In a 3-2 decision, the high court restored a trial …

Ohio Supreme Court: No Coverage Owed for COVID Business Shutdown

The Ohio Supreme Court ruled Monday that COVID-19 cannot cause any direct physical damage or loss that is covered by a commercial property insurance policy, joining nine other state high courts that have rejected similar business-interruption claims. The Ohio court …

Suspended Florida Claim Center Lawyer Agrees to Interim Probation

A Florida lawyer whose law license was suspended after setting up a “mobile claim center” near Fort Myers is able to resume the practice of law under the terms of an agreement she reached with the Florida Bar. Jennifer Perez, …

Insurer Liable for COVID Shutdown of Tina Turner Play, New York Appellate Court Rules

Producers of a Broadway play based on the life of pop star Tina Turner, which was shut down because of COVID-19, may pursue its business-interruption claim despite a communicable disease exclusion in the policy, a New York appellate court ruled. …

Virginia Court Reverses, Rules for Single Limit in GEICO Uninsured/Underinsured Case

An auto insurance policy that includes coverage for both uninsured and underinsured motorists does not require the insurer to pay the policy limits twice, the Virginia Supreme Court ruled. The high court reversed a ruling by a Richmond city judge …

Workers’ Comp Board Upheld in Banning Chiropractor Accused in Kickback Probe

The New York State Workers’ Compensation Board acted within its authority when it barred a chiropractor accused of taking kickbacks from treating injured workers, a state appellate court ruled Thursday. The Third Department of the Appellate Division affirmed the dismissal …

Texas Court: Plaintiffs Alleging Brain Damage Must Submit to Independent Tests

A family seeking $33 million in economic damages for alleged brain injuries caused by exposure to carbon monoxide must submit to a battery of neuropsychological tests by the defendant’s doctor, the Texas Supreme Court ruled. The high court on Friday …

Louisiana Court to Hear Appeal of Rare Policyholder Victory in COVID Claim

The Louisiana Supreme Court has agreed to review an appellate court decision that found the COVID virus caused a direct physical loss that was covered by insurance. The Louisiana high court announced that it will take up an appeal filed …