Insurance companies may negotiate with their policyholder a settlement of a coverage dispute through a coverage buyback agreement. In this situation, after a potentially noncovered loss has taken place, a settlement of the coverage dispute is negotiated whereby the...
Month: July 2021
Covering the Disgorgement of Legal Fees Reprinted from Claims Journal, January 27, 2016
Typical legal malpractice policies do not provide coverage for the disgorgement of attorney’s fees that were received by the insured attorney during the representation that gives rise to the malpractice claim. However, recently the United States District Court in...
A ROADMAP FOR THE NAIC’S UNFAIR CLAIMS SETTLEMENT PRACTICES ACT
As a part of its effort to insure enactment of uniform insurance laws, the National Association of Insurance Commissioners (NAIC) drafted the Unfair Claims Settlement Practices Act which required specific insurance adjuster conduct and claims handling. The Model Act,...
WHEN IS A SEXUALLY MOLESTED HOTEL GUEST WITHIN THE CARE, CUSTODY AND CONTROL OF THE HOTEL? By Steven Plitt (Reprinted from Claims Journal, December 23, 2013)
Standard insurance policies exclude coverage for sexual misconduct. As an example, with respect to sexual molestations, the sexual misconduct may not constitute an accident triggering coverage under the insuring clause of the policy. See Steven Plitt and Jordan R....