Legal Beat

Premium Financing Compensation Disclosures: Are You in Compliance?

Failing to Disclose Could Lead to Lawsuits Many insurance brokers and agents who perform services for premium finance companies may unwittingly violate certain disclosure requirements under the California Insurance Code because they are unaware that the obligations exist. In an …

Getting Down to Business

When does the business interruption restoration period begin? A typical business interruption policy limits the period of time for which an insured can recover to the so-called “restoration period.” The applicable period is primarily determined by the terms and conditions …

The Saga Continues as Texas Supreme Court Explores Insurance Law

After years of avoiding key insurance issues, the Texas Supreme Court began issuing opinion after opinion on fundamental insurance principles in late 2007. Lamar Homes, Frank’s Casing and other important decisions appeared with an uncanny frequency. Recent “Legal Beat” columns …

Defining ‘Professional Services’ For Specialty Policies Not Always Easy

Professional services” can have connotations ranging from racy “professional” call girls to the more mundane accountants, doctors, lawyers and engineers. From an insurance perspective, liability arising out of “professional services” is generally covered under specialty policies — such as malpractice, …

Professional Services: Do You Know Them When You See Them?

The complex medical field with its often personalized treatments can be more difficult to define than other professions “Professional services” can have many different connotations, ranging from racy “professional” call girls, a subject recently in the headlines and on the …

Texas Supreme Court Continues Onslaught of Coverage Decisions

Since last August, the Texas Supreme Court has issued a half dozen major insurance cases, many on issues pending for years. The Court recently heard argument in key cases involving the insurability of punitive damages in general liability policies and …

S.C. Company Wants Neighbors to Help Pay for Pollution Cleanup

A South Carolina company being sued by neighbors for polluting groundwater around its plant in Myrtle Beach is asking a court to force those neighbors to help pay for testing and cleanup of contamination. AVX Corp. says in a proposed …

Miss. Judge Removes Himself from Cases Amid Federal Probe

A Mississippi judge says he disqualified himself from hearing several lawsuits because federal authorities were investigating allegations that powerful plaintiffs attorney Richard “Dickie” Scruggs tried to illegally influence him in a different case. Hinds County Circuit Judge Bobby DeLaughter had …

Appeals Court Rules for Miss. Lawmakers in Raid on Insurance Fund

The Mississippi Legislature had authority to raid an insurance fund in 2004 to balance the state budget, the 5th U.S. Circuit Court of Appeals has ruled. The Mississippi Surplus Lines Association sued the state after the Legislature took $2 million …

Miss. Shooting Victim Awarded $4.5M, Nationwide Insurance not Liable

A Madison County, Miss., jury awarded $4.5 million to a woman who was shot in the arm after an accident at a fast food restaurant in Ridgeland, Miss. The jury on Tuesday found Vicksburg attorney Thomas Randy Clark liable for …

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