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

Michigan Supreme Court: No-Fault Changes Are Not Retroactive

Amendments to Michigan’s no-fault law passed by the state legislature in 2019 do not allow auto insurers to cut fees or limit hours of attendant care provided to auto accident victims who were injured before the changes took effect, the …

Former Attorneys for McClenny Moseley & Associates Seek to Lift Suspension in Western District of Louisiana

Former attorneys for McClenny Moseley & Associates hope to persuade a federal judge to lift a suspension that prevents them from practicing in the Western District of Louisiana, including one young lawyer who says he had been practicing law less …

Pennsylvania High Court Rejects Damages Cap in Insurance Agency Poaching Case

A jury’s $2.8 million punitive damage award against an insurance agency and broker that tried to poach a competitor’s staff and book of business was not excessive even though it was more than 10 times the amount of compensatory damages, …

Litigation Financing: A Dangerous Game or Levels the Courtroom Playing Field?

In insurance defense attorney Dennis Kass’ world, litigation financing firms lurk behind the scenes, pushing plaintiffs to undergo as much treatment as possible so lawyers can maximize the value of claims. “In a lot of ways, the plaintiffs become pawns …

Landlord’s Insurer Denied Recovery for Damage Caused by Tenant’s Drone

Sathiyaselvam Thangavel’s hijinks with a drone caused more than $77,000 in damage to the apartment building where he lived, but his landlord’s insurer can’t recover that money from Thangavel even though he signed a lease saying he is solely responsible …

Louisiana Commissioner Directs Insurers to Talk to Policyholders as Hurricane Ida Claims Deadline Looms

A day after the Louisiana Supreme Court announced that it is lifting a stay on hurricane-damage lawsuits filed by McClenny Moseley & Associates, state Insurance Commissioner James Donelon on Thursday issued a directive warning insurers not to use a letter …

Illinois Supreme Court Refuses to Reconsider BIPA Ruling, Despite Warning About ‘Astronomical’ Penalties

The Illinois Supreme Court on Tuesday refused to reconsider its 4-3 decision that found violations of the state’s Biometric Privacy Act occur each time an unauthorized scan is made, rejecting arguments that such an interpretation will lead to astronomical damage …

5th Circuit Asks Texas Supreme Ct. if Attorney Fees Owed After Insurer Pays Appraisal Award

A federal appellate court, grappling with conflicting decisions from federal courts, is asking the Texas Supreme Court to decide whether attorney fees can be awarded to claimants when insurers pay appraisal awards plus interest owed because of the late payment. …

No Liability Coverage Owed for Investor Losses Caused by Blue Bell’s Listeria Outbreak

A 2015 Listeria outbreak linked to ice cream sold by Blue Bell Creameries hospitalized 10 people and killed three. While those injuries and deaths were certainly “bodily injuries,” a lawsuit filed by investors against Blue Bell’s board of directors for …

Appeals Panel Says CCC Software Does Not Violate Florida Law in Auto Claims

An insurer that used CCC Intelligent Solutions software to determine the payout for a claimant’s vehicle did not violate a Florida law that sets forth only three methods that auto insurers may use to determine actual cash value, a divided …