News & Analysis as of

Insurance Claims Investigations

J.S. Held

Fidelity Investigations: A Comprehensive Guide to Successful Claims Outcomes – Second Edition

J.S. Held on

Introduction: Understanding Fidelity Investigations - Fidelity / Crime / Financial Institution Bonds, in a general sense, cover an insured from the willful theft of property, money, and securities by one of their employees...more

Wiley Rein LLP

SEC Tolling Request Not a Securities Claim Against Insured Company Under D&O Policy

Wiley Rein LLP on

A Delaware Superior Court, applying Delaware law, has held that the United States Securities and Exchange Commission’s (“SEC”) request to toll the statute of limitations did not constitute a “Securities Claim” under a D&O...more

J.S. Held

Proper Collection, Handling, Storage & Disposal of Physical Evidence (Second Edition)

J.S. Held on

Regardless of the specific cause of property damage—whether it be vehicle impact, structural collapse, construction defects, equipment failures, fire or explosion, hail, lightning, storms, animal activity, or water...more

Buchalter

The 10 “P’s” to Prepare for Wildfire Litigation

Buchalter on

1) Preservation Demand.  Send an evidence preservation notice to anyone you think may be liable or contributed to the fire (so the entity is on notice not to destroy, delete, or alter relevant evidence)....more

Searcy Denney Scarola Barnhart & Shipley

Recent Trends in Truck Accident Litigation in Tallahassee: What You Should Know

Attorneys who handle significant numbers of truck accident cases in Tallahassee have noticed some new trends with regard to truck accident lawsuits. While an experienced attorney will be aware of the changing focus and new...more

Davies Ward Phillips & Vineberg LLP

Better Late Than Never? Not So for Directors’ and Officers’ Liability Coverage

Directors and officers facing liability claims, including investigations and enforcement proceedings, must pay careful attention to the notice provisions of their directors’ and officers’ (D&O) liability coverage policies and...more

J.S. Held

Fidelity Investigations: A Comprehensive Guide to Successful Claims Outcomes

J.S. Held on

Introduction: Understanding Fidelity Investigations - Fidelity / Crime / Financial Institution Bonds, in a general sense, cover an insured from the willful theft of property, money, and securities by one of their employees...more

Searcy Denney Scarola Barnhart & Shipley

What to Expect in a Florida Boating Accident Case

When you go out for a day on the water, the last thing you expect is to end the day dealing with the aftermath of a boating accident. But, these accidents happen far more often than they should, and many boat captains and...more

Searcy Denney Scarola Barnhart & Shipley

Proving Liability After a Florida Boating Accident

Proving liability after a boating accident is critical when seeking just compensation for your losses. To file a claim, you need to know who (or what company) is responsible—and you need to be able to prove it to the...more

J.S. Held

Auto Insurance Fraud Investigation: Perspectives from Experts in Accident Reconstruction

J.S. Held on

As interest rates and financial pressures on families continue to mount, more and more drivers may be unable to pay their repair bill for damage they caused or for mechanical issues on their vehicles. A common response is...more

Cozen O'Connor

Whirlpool Fined $11.5M for Failing to Notify of Faulty Cooktops

Cozen O'Connor on

In a unanimous vote, the U.S. Consumer Product Safety Commission (CPSC) approved a settlement with Whirlpool Corp., which requires Whirlpool to pay $11.5 million in civil penalties for allegedly ignoring reports from...more

Cozen O'Connor

Fast & Furious Tort Law Changes, Part 2: Shorter Statute of Repose for Improvements

Cozen O'Connor on

On April 13, 2023, Governor Ron DeSantis signed into law Senate Bill 360, known as “An act relating to causes of action based on three improvements to real property.” Like other recent tort law changes, including those...more

Rumberger | Kirk

Florida’s Property Insurance Reform: The Impact on Carriers and Insureds in the State of Florida

Rumberger | Kirk on

The Florida Legislature passed Senate Bill 2-A (“SB2A” or the “Act”), which was signed into law on December 16, 2022. The Act has the potential to significantly reduce litigation of first party property cases in the state of...more

Butler Weihmuller Katz Craig LLP

Tips for Investigating Subrogation in Florida Following Hurricane Ian

Hurricane Ian was a devastating storm for southwest Florida. While out in the Gulf of Mexico, it became a high-end category 4 hurricane early on September 28, 2022 and made landfall later that afternoon. The areas where Ian...more

J.S. Held

Insurance Claims & Fraud Investigations: Where Forensic Accountants Bring Value

J.S. Held on

Forensic accountants are independent, highly specialized accountants with strict confidentiality policies who are involved in investigating financial information to assist attorneys, insurance companies, businesses,...more

Cozen O'Connor

The Marshall Fire – Colorado’s Most Destructive Fire

Cozen O'Connor on

Instead of preparing to welcome 2022 many residents of Boulder County are experiencing Colorado’s most destructive fire. Just before noon on December 30, 2021, a brush fire was reported in Louisville, Colorado, a city in...more

Lowenstein Sandler LLP

In the Know: The Lowenstein Insurance Recovery Group’s Tip of the Month - October 2021

Lowenstein Sandler LLP on

A recent coverage case from Illinois is a helpful reminder to policyholders that they should not take no for an answer when insurers deny a claim based on uninsurability, restitution, disgorgement, or fraud. In fact, those...more

Cozen O'Connor

Claim Investigation Not Necessarily Protected by Work Product Doctrine in Illinois

Cozen O'Connor on

In determining when the work product doctrine is triggered, the Northern District of Illinois recently held that, rather than adopting a bright-line rule, the issue should be decided on a case-by-case basis at the court’s...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Hiding in Plain Sight: Obtaining Insurance Coverage in White Collar Criminal Investigations and Complex Civil Litigation

An attorney is outside counsel to a midsized, closely held corporation. The attorney reports to a group of officers and directors. The client was just served at corporate headquarters with a grand jury subpoena in connection...more

McGlinchey Stafford

The Bullet Point: An Ohio Commercial Law Bulletin: Do I Have An Enforceable Contract?

McGlinchey Stafford on

Contract Interpretation McCruter v. Travelers Home & Marine Ins. Co., 11th Dist. Lake No. 2019-L-167, 2021-Ohio-472- In this appeal, the Eleventh Appellate District affirmed in part and reversed in part the lower court’s...more

Steptoe & Johnson PLLC

First Look - Summer 2020: Insurance Newsletter

Steptoe & Johnson PLLC on

According to the FBI, “The total cost of insurance fraud (non-health insurance) is estimated to be more than $40 billion per year. That means Insurance Fraud costs the average U.S.family between $400 and $700 per year in the...more

Butler Weihmuller Katz Craig LLP

SUBRO SENSE PODCAST - Forensic Investigation of Subrogation Claims During COVID-19

Like all other aspects of life, the forensic investigations of existing and new subrogation claims has been significantly impacted by the COVID-19 pandemic. Senior Mechanical Engineer and Certified Fire Investigator, C....more

Cozen O'Connor

New York Ruling Could Significantly Impact Disclosure of Communications Between Insurer and Counsel

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A recent decision from one of New York’s trial courts of general jurisdiction could have a chilling effect on written communications between an insurer and its retained counsel during a claim investigation.  In Otsuka...more

Carlton Fields

Related Decisions: Three Recent Cases Emphasize Breadth of “Related Wrongful Acts”

Carlton Fields on

Third-party liability policies often include aggregation clauses. As the name suggests, these clauses aggregate “related claims” or “interrelated wrongful acts” into one claim or occurrence....more

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