Bad Behaviour: Confessions From The 100K Club

Money may not bring happiness, but it seems to bring bad driving habits If I had a 100K, I’d have a lot of bad driving habits. At least that seems to be what’s shown with the results of our poll where we asked drivers acrossnada “What are your worst driving habits?” More than any other income group (< $40K, $40K-$59K, $60K-$79K, $80K-$99K), the $100,000 Club ranked #1 in 7 of the 12tegories. The 100K club had the highest percentage of respondents answer, yes, this was a bad habit:

Not surprisingly, those in the 100K club were least likely to say they’re a perfect driver.

Read more…

No Comments »
Posted May 13, 2012 | by Kyle Evans
Tags: 100k Confessions 100k

First Circuit Adopts Broad Illlinois View Of Insurer’s Right To Access Privileged Defense Reports

A recurring issue in coverage litigation is the extent to which insurers are entitled to obtain the file of defense counsel in cases where the insurer has either denied coverage or is at least reserving rights with respect to whether certain claims are covered.

This is an issue of particular consequence in cases involving intellectual property, products liability claims and other cases where the insured settles for a large gross sum without any allocation between those amounts that are covered and other categories of damages that are not.

Read more…

No Comments »
Posted May 03, 2012 | by Kyle Evans
Tags: Defense Defense Reports

Ordinary Payroll Coverage Can Be Extraordinarily Tricky- Understanding Business Interruption Claims

When measuring a business income loss, a company can treat all payroll and benefits (if directly related to payroll, i.e., FICA, worker’s compensation, etc.) as “continuing expenses” in its accounting worksheet as defined in CP 00 30 10 (Business Income and Extra Expense Coverage Form). If th

Read more…

No Comments »
Posted Apr 15, 2012 | by Kyle Evans
Tags: Business Tricky Understanding

Part II: Senate Bill 12-038 May Have Unintended Consequences for Colorado Homeowners and Public Adjusters

Last week’s post discussed proposed Colorado Senate Bill No. 38, “Concerning Measures To Protect Consumers Who Engage A Roofing Contractor To Perform Roofing Services On Residential Property.” The bill is sponsored by Democratic Senator Tochtrop and Republican House Representative Vaad.

Although the bill purports to provide consumer protection against unscrupulous roofers, the bill would actually hurt consumers in several ways if it is passed in its current form. As discussed in the last post, the bill guts some of the protections afforded to consumers under C.R.S. 10-3-

Read more…

No Comments »
Posted Feb 27, 2012 | by Kyle Evans
Tags: Colorado Senate Bill

Alabama Tornado Teaches Lessons about Public Adjusting

Next month, the Alabama legislature will reconvene and has the chance to license public insurance adjusters. Currently, Alabama is one of the few states that does not recognize public adjusters. But after the devastation last year, the value of public insurance adjusters is coming to light.

The reporting that:

State insurance officials and others are working on legislation that would let Alabamians with insurance claims hire their own adjusters, clarifying what has been a gray area of the law.

Read more…

No Comments »
Posted Jan 16, 2012 | by Kyle Evans
Tags: Public Public Adjusting

Understand the individual health insurance coverage plans

The role of family medical health insurance is an important issue in the current social atmosphere. The cost of the medical treatment is growing day by day and citizens are generally worried about the expenditure on the item. Hence, the introduction of individual medicare insurance coverage is an opportunity to most families in the nation and thereby they get the advantage to get the proper financial support in times of need. The medical treatment is accessible to common people in this manner, which is a great thing in modern life.

There are umpteen insurance companies that offer health insurance policies to people on different terms and conditions. Read more…

No Comments »
Posted Dec 09, 2011 | by Admin
Tags: medicare insurance coverage

Division I Of The Washington State Court Of Appeals Answers, In The Negative, The Much Debated Issue Of Defense Costs Recoupment

In March of this year, we noted that whether an insurer can seek reimbursement of defense costs paid, where it is later determined there was no duty to defend, is an open issue in Washington. While the issue has still not been addressed by the Washington Supreme Court, in National Surety Corp. v. Immunex, 2011 Wash.App. Lexis 1695 (2011), Division I of the Court of Appeals held that where an insurer defends under a reservation of rights, and even reserves the right to seek reimbursement of defense costs in the event a court decides there is no duty to defend, the insurer is still responsible for defense costs incurred up to the time the court rules there is no duty to defend. There is no right to reimbursement absent a provision in the insurance policy that allows such reimbursement.

Many have debated whether the following language from Kirk v. M

Read more…

No Comments »
Posted Nov 08, 2011 | by Kyle Evans
Tags: Costs Defense Costs

Failure to Strictly Comply with Policy Conditions May Not Be Fatal to First-Party Coverage in California

Over the last few years, I noticed a growing trend among my California clients. More insured clients who suffered a property loss are finding that they need to retain attorneys at an earlier stage in the claims process. Instead of seeking the advice of an attorney after their claims are denied, they need the help of an attorney at an earlier stage, just to prove to the insurance company that they suffered a loss. Clients are voicing their opinions that insurance companies are investigating losses more aggressively, and sometimes, these insureds are vexed and outraged when conditions on coverage are imposed.

The California Insurance Code allows insurers to impose conditions on coverage and requirements that must be satisfied by the insured in order to institute coverage for a loss.

Read more…

No Comments »
Posted Oct 24, 2011 | by Kyle Evans
Tags: California

Disability Insurance Recommended by Jim Cramer

I read an interesting article in TheStreet.com, which was a recap of a Mad Money show, in which Jim Cramer listed three crucial necessities that investors must take care of before investing in the stock market:

  • The first necessity is that credit card debt should be paid off.   Cramer advises potential investors that carrying balances on high-interest credit cards can potentially cancel out any gains earned in the stock market.
  • The second necessity is health insurance.  As medical emergencies are the largest cause of personal bankruptcies, Cramer says that acquiring health insurance is a must.
  • Disability Insurance is the third necessity mentioned by Cramer.  

Read more…

No Comments »
Posted Sep 24, 2011 | by Kyle Evans
Tags: Cramer Jim Cramer

Sex, Files and Videotape: The Conclusion

Back in January,we posted a story concerning an ugly bit of litigation in New York City between Liberty Mutual and one of its defense firms in which a dispute concerning overdue fees had degenerated into allegations that a senior claims executive (“Mr. X”) was demanding kickbacks for assigning more files and the law firm was trying to blackmail the carrier by revealing details of Mr. X’s use of a lawyer’s apartment for sexual trysts.

We are happy to report that this tawdry mess that was Michael J. Devereaux & Associates vs. Liberty Insurance Underwriters,has come to a conclusion.  It was reported this week that the parties have come to terms and agreed to settle.  In a statement to the press, Michael J. Deve

Read more…

No Comments »
Posted Sep 23, 2011 | by Kyle Evans
Page 1 of 212»