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

SC Appeals Court: Insurer’s Bad Faith Meant Award Was 10X Policy Limit

Jose Castillo didn’t ask his insurance company to defend him from a lawsuit that alleged his shoddy construction caused millions of dollars in water damage to a townhouse project, so his insurer didn’t provide a defense. That turned out to …

5th Circuit Court of Appeals Clarifies Standard of Evidence for Negligence Award Against River Boat Pilots in Mississippi River Collision Case

As maritime accidents go, the collision between the M/V Strandja and the M/V Kieffer E. Bailey on the Mississippi River was hardly a catastrophe. A jury determined that damages amounted to only $114,000. But the accident did provide an opportunity …

Illinois High Court: UM Insurance Can’t Be Restricted to Occupants of Covered Vehicles

The Illinois Supreme Court on Thursday affirmed an appellate court ruling that found that injuries to a 14-year-old boy who was struck by a car while riding his bicycle are covered by his father’s uninsured motorist policy despite language that …

Louisiana State Police Open Criminal Investigation Into McClenny Moseley

Louisiana State Police have opened a criminal investigation into efforts by McClenny Moseley & Associates and Apex Roofing to solicit customers after receiving a complaint by the state Insurance Department about “suspected fraudulent actions” related to insurance claims. An initial …

Texas Judge Orders Houston Attorney to Reimburse Insurer $137,000 for “Frivolous” Lawsuit

A Texas judge has ordered a Houston plaintiffs’ attorney to reimburse an insurer $137,000 for the legal fees it expended to defend itself against a “frivolous” and “groundless” lawsuit that was filed “solely for the purpose of harassment.” Harris County …

New Jersey Supreme Court: Workers’ Compensation Covers Commuting Employee’s Car Crash Injury

Typically, workers who are injured during their commute to work aren’t eligible for workers’ compensation benefits. The New Jersey Supreme Court highlighted an exception to that rule in a unanimous decision Tuesday. The high court held that a pest control …

Texas Supreme Court Reverses Sanctions, Finds Carrier Had Right to Medical Records in UIM Case

The Texas Supreme Court on Friday reversed a Dallas County judge’s decision to sanction an insurer for making an “overbroad” discovery demand, finding that the carrier had a valid interest in the medical records of a claimant who had been …

Texas Court: Immunity Doesn’t Protect Local Governments From Administrative Penalties

Political subdivisions in Texas can’t use governmental immunity to evade administrative penalties for failing to timely pay workers’ compensation benefits, a state appellate court ruled. A panel of the 3rd District Court of Appeals in Austin upheld a trial court …

Auto Claimants More Satisfied Even Though Repairs Taking Longer: J.D. Power

Auto repairs are taking more than twice as long as they did in 2021, but policyholders who filed claims appear to be taking that in stride. J.D. Power reported that the industry average claims satisfaction rating increased five points to …

Ohio Court Revives Dog Bite Injury Claim Against Insurer Due to Ambiguous Policy Exclusion

An Ohio appellate court revived a dog bite injury claim against an insurer after finding that the terms of an exclusion in the homeowners’ insurance policy, intended to bar coverage for dogs with a history of violence, may not have …