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

Regulator Objects But Court Clears Bid for $200M From Liquidated Insurer’s Owners

Creditors who say they were swindled out of more than $200 million by the former owners of the liquidated CastlePoint group of insurance companies may proceed with most of the claims they made in a New York lawsuit, a California …

S.C. High Court Nixes Felony ‘Step-Down’ Provisions in Auto Policies

A South Carolina Supreme Court opinion published in June nullifies auto insurance policy provisions that “step down” the maximum payout in instances where the insured was committing a felony or attempting to flee a law enforcement officer. The 3-2 decision …

California OKs Farmers and Zesty.ai Wildfire Risk Assessments, Will Bring 30K New Homeowners Policies

California regulators have approved a plan by Farmers Insurance to assess wildfire risk by using a tool that combines artificial intelligence with high-resolution aerial photography. The carrier said the Z-Fire risk scoring model developed by Zesty.ai is expected to make …

South Carolina High Court Nixes Felony ‘Step-Down’ Provisions in Auto Insurance

A South Carolina Supreme Court opinion published last week nullifies auto insurance policy provisions that “step down” the maximum payout in instances where the insured was committing a felony or attempting to flee a law enforcement officer. The 3-2 decision …

Florida Top Court Says Insurer Can Pursue Malpractice Claim Against Defense Law Firm

Attorneys who are hired by insurance carriers to defend policyholders from lawsuits have a duty to represent the insured, but the insurer is paying their fees. Obviously, the insurer has a financial interest in the outcome of the litigation. The …

Plaintiffs Seek ISO Files on Virus Exclusion to Back Business Interruption Claims

Plaintiffs attorneys are looking deep into the weeds for evidence to support claims for business income lost because of COVID-19 public safety orders. Lawyers for footwear wholesaler Marc Fisher LLC and its affiliates are asking a Connecticut state court to …

Texas Judge Refuses to Dismiss Theater Chain’s COVID Lawsuit

A federal judge in Sherman, Texas on May 5 ruled against an insurer that sought to dismiss a $500 million COVID-19 business interruption lawsuit by the nation’s third-largest chain of movie theaters. The decision broke a month’s-long losing streak for …

U.S. Court Allows Movie Chain’s COVID Business Interruption Suit Against FM Global

A federal judge in Sherman, Texas on Wednesday ruled against insurer FM Global that sought to dismiss a $500 million COVID-19 business-interruption lawsuit by the nation’s third-largest chain of movie theaters. The decision broke a month’s-long losing streak for policyholders …

9th Circuit Lifts Stay on Labor Law Classifying Truck Drivers as Employees

A federal appellate court on April 28 reversed a ruling that prevented California from enforcing a new labor law that trucking companies contend will force them to discontinue the use of independent owner-operators and classify all drivers as employees. In …

Insurers Expected to Expand Use of Drones to Survey Damage With Rule Change

New Federal Aviation Administration (FAA) rules are expected to clear the way for expanded commercial use of drones, which are increasingly being used by insurers to assess property damage. The updated Operations Over People rules, which took effect on April …