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

Malpractice Claims Against Hospitals Hold Steady But Severity Increases

The frequency of hospital professional liability claims is holding steady, but the cost of those claims is expected to increase by 3% next year, according to an actuarial analysis by Aon and the American Society of Health Care Risk Management. …

Indiana Court: Allstate Liable in Fatal Crash Because Victim Was a ‘Resident Relative’

The Indiana Supreme Court has ruled that Allstate must pay $25,000 in uninsured motorist benefits to the estranged husband of a woman who died while riding as a passenger in a car crash after moving back in with her parents. …

Top 10 Reasons P/C Insurers Run Afoul of Regulators’ Market Conduct Exams

Claims errors continue to be the most frequent reason that property/casualty insurers are cited by regulators when responding to market conduct complaints or during routine examinations, according to a report by Wolters Kluwer Compliance Solutions. Kathy Donovan, lead researcher for …

Insurers Gain Early Wins in COVID-19 Business Interruption Lawsuits

Insurers have succeeded in dismissing COVID-19 business-interruption lawsuits in 17 out of 23 cases heard so far, with a growing number of judges finding that some tangible alteration of a property is required to trigger coverage under commercial property policies. …

Plaintiffs Win One, Lose One in COVID-19 BI Legal Fight

A federal judge in Florida late last month denied an insurer’s petition to dismiss a COVID-19 business-interruption lawsuit, while a federal magistrate judge in California threw out a similar claim. Both lawsuits were filed by plaintiffs whose policies excluded coverage …

5th Circuit Backs Plaintiffs in Insurer Interest Penalty Case

A Houston plaintiff’s attorney defeated State Farm Lloyd’s for the fourth time on the same issue, this time coming away with a federal appellate court ruling that policyholders don’t have to prove that their insurer acted in bad faith in …

Even Failed Claims Against Nurses Cost Insurers $20K, Liability Study Shows

Liability claims that involve nurses cost an average of $210,513 if a large indemnity payment is made, but even claims that are dropped, defeated or dismissed end up costing more than $20,000, according to a report released by CNA and …

5th Circuit Reasserts Bad Faith Not Necessary to Win Interest Penalty Against Texas Insurers

A Houston plaintiff’s attorney defeated State Farm Lloyd’s for the fourth time on the same issue, this time coming away with a federal appellate court ruling that policyholders don’t have to prove that their insurer acted in bad faith in …

Owners Find Insurance Inadequate to Cover Demolition of Buildings Destroyed by Riots

Some commercial property owners whose businesses were torched by rioters are learning that they don’t have enough insurance to clear away the debris. Many property owners in the Minneapolis-St. Paul area purchased policies that limit payouts for demolition costs to …

Plaintiffs Suffer Another Loss in Michigan COVID-19 Business Interruption Suit

Another federal court has dismissed a COVID-19 business interruption lawsuit, finding that a closure order does not constitute a covered “direct physical loss” and that the policy excluded damages caused by viruses anyway. The ruling by the U.S. District Court …