According to the Wisconsin Court of Appeals, to assert an insurance agent's liability for negligent failure to procure requested coverage, the customer must establish that the coverage requested was actually available.In Emer's Camper Corral, LLC v. Alderman, 2019 WL...
Liability
WASHINGTON COURT PREVENTS DUPLICATION OF LIABILITY AND UIM COVERAGES UNDER SINGLE AUTO POLICY
In Thompson v. Progressive Direct Insurance Co., 438 P.3d 53 (Wash. App. 2019) the court held that UIM coverage did not extend to a third party guest passenger in a covered auto under Progressive's policy. The Progressive policy contained an exclusion of the named...
THIRD PARTY WORKERS COMPENSATION CLAIM ADMINISTRATORS ARE NOT SUBJECT TO BAD FAITH LIABILITY UNDER IOWA LAW ACCORDING TO THE IOWA SUPREME COURT
The issue of whether Iowa's common law cause of action for bad faith failure to pay workers compensation claims applied to third party claim administrators (TPAs) in the workers comp context was recently addressed by the Iowa Supreme Court by way of certified question...
IMPORTANT CASE FOR CLAIM ADJUSTER LIABILITY
In Essex Insurance Co. v. William Kramer & Assoc., 331 Conn. 493, 205 A.3d 534 (2019), the Connecticut Supreme Court issued an important decision regarding the statute of limitations for claims brought by insurers against TPAs.Under Connecticut law there is a...
IMPORTANT CASE FOR CLAIM ADJUSTER LIABILITY
In Essex Insurance Co. v. William Kramer & Assoc., 331 Conn. 493, 205 A.3d 534 (2019), the Connecticut Supreme Court issued an important decision regarding the statute of limitations for claims brought by insurers against TPAs.Under Connecticut law there is a...
ATTORNEYS FEES AWARDED TO A PREVAILING PARTY WERE DETERMINED TO NOT BE SUPPLEMENTAL PAYMENTS UNDER A LIABILITY POLICY ACCORDING TO A MASSACHUSETTS APPELLATE COURT
In Styller v. National Fire & Marine Ins. Co., 95 Mass. App. Ct. 538, 128 N.E.3d 612 (2019) the Massachusetts Courts of Appeals held that a prevailing party's attorneys' fees did not constitute "costs taxed" against the insured within the meaning of the liability...