News & Analysis as of

Claim Procedures Insurance Litigation

Zelle  LLP

When Are Insurance Code Chapter 542 Penalties Not Owed?

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There are a litany of deadlines an insurer must be mindful of, and this is especially true in Texas, which imposes a number of statutorily prescribed deadlines during the claim adjustment process. The Texas Prompt Payment of...more

Wiley Rein LLP

Court Requires Insurer Show Prejudice for Coverage Denial Where Notice of Claim Given After Reporting Window but Within Policy...

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The United States District Court for the Eastern District of Oklahoma, applying Oklahoma law, granted an insured’s motion for summary judgment, finding that a claim was sufficiently made and reported during the policy period....more

White and Williams LLP

Eleventh Circuit Reinforces the Importance of Broad-Form Language in “Related Claims” Provisions

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“Related claims” provisions are critical and necessary elements of “claims made” policies. That is because “claims made” policies cover only those claims that are first made — or are deemed first made — during the policy...more

Winstead PC

Bullet Proofing Your Claims Procedures

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Managing your plan’s claims procedures to avoid successful challenges requires careful attention to all of the requirements in the regulations and in the applicable plan’s or policy’s terms and continual review in light of...more

Carlton Fields

Too Little, Too Late: The Harsh Bright Line of Suit Limitation Provisions

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Approximately twenty percent of Americans have been classified as chronic procrastinators, which means one in five policyholders faces a potential problem when suing for coverage. While the statute of limitations for breach...more

Robinson & Cole LLP

Claims Administration and Handling in Mass Tort Cases: Lessons from Deepwater Horizon

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In mass casualty and toxic tort litigation, an effective means of providing prompt and efficient compensation to victims can benefit all stakeholders. Claimants receive prompt payment for lost property or business expenses,...more

Zelle  LLP

2014 Hail-Related Insurance Litigation Year In Review

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The number of lawsuits arising from hail-damage claims to residential and commercial properties has increased dramatically over the past few years. Indeed, since 2012, hundreds of lawsuits alleging underpayment of...more

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