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

Single Voicemail Enough to Violate Telephone Consumer Protection Act

A single voicemail message left on a cellphone without permission is enough to allow an individual to proceed with a class-action lawsuit alleging violations of the Telephone Consumer Protection Act of 1991, a panel with the 6th Circuit Court of …

Insurer Must Defend Firm Sued for Selling Facial Recognition Program to Police

An ambiguous coverage exclusion prevents a liability insurer from dodging the cost of defending a data broker that was sued after selling the Chicago Police Department access to a facial recognition database that reportedly contained 3 billion images extracted from …

New York High Court Upholds Electronic Data Logging for Commercial Trucks

New York’s highest court ruled that a state regulation requiring the installation of electronic logging devices in commercial motor vehicles does not violate the state constitution’s prohibition against unreasonable search and seizure. The Court of Appeals, in a unanimous decision …

Lawmakers in Montana, Louisiana Pass Bills to Require Disclosure of Litigation Funding

Lawmakers in two states passed bills this year to require disclosure of litigation funding contracts. Business groups are pushing for similar rules in federal courts nationwide. Montana Gov. Greg Gianforte on May 2 signed into law Senate Bill 269, which …

Two More States Pass Bills to Require Disclosure of Litigation Funding

Lawmakers in two states passed bills this year to require disclosure of litigation funding contracts. Business groups are pushing for similar rules in federal courts nationwide. Montana Gov. Greg Gianforte on May 2 signed into law Senate Bill 269, which …

Insurer Not Liable for Botched Fracking Operation

A well servicing company that damaged 53 natural gas wells by using a defective chemical during a hydrofracking operation is not entitled to insurance coverage for a $13 million jury verdict because there was no accident, a panel of the …

Appeals Court Upholds Jury’s $9M Irma Verdict That Went Beyond Experts’ Opinions

Juries that are asked to resolve hurricane-damage disputes often hear widely varying damage estimates from expert witnesses. A decision by a federal appellate court on Monday demonstrates that once a jury decides on a number, insurers may need more than …

Single Voicemail Enough to Violate Telephone Consumer Protection Act, 6th Circuit Rules

A single voicemail message left on a cellphone without permission is enough to allow an individual to proceed with a class-action lawsuit alleging violations of the Telephone Consumer Protection Act of 1991, a panel with the 6th Circuit Court of …

Ill. Supreme Ct. Clarifies Standard to Name Defendants in Malpractice Suits

More than 40 years ago, the Illinois legislature sought to reduce the number of defendants in medical malpractice actions by allowing plaintiffs to name health care providers as respondents for the purposes of discovery and convert them to defendants later …

Sanctions Continue to Pile Up for McClenny Moseley & Associates

Even though they have been suspended from the practice of law, attorneys with Houston, Texas-based McClenny Moseley & Associates continue to rack up penalties as federal judges clean up a mess created by the law firm’s mass filing of hundreds …