News & Analysis as of

Claims Adjusters

Arizona Allows Insured to Avoid Removal by Naming Adjuster as Defendant

by Jaburg Wilk on

In Chukly v. American Family Mut. Ins. Co., 2017 WL 3262541 (D.Ariz. Aug. 1, 2017) (Order), a breach of contract and insurance bad faith case arising from a homeowners claim after a microburst and “massive rain,” the Arizona...more

Bad faith claim handling – how to avoid it without simply paying all insurance claims

by Butler Snow LLP on

“Bad faith” – just the sound of it can bring fear to even the most experienced claim adjuster. And for good reason. In many states, an allegation of bad faith in claim handling or a claim decision can bring with it the threat...more

Alabama and Mississippi Insurance Law Questions Following Hurricane Nate

Hurricane Nate made landfall on the Mississippi Gulf Coast near the city of Biloxi on Sunday, October 8, 2017, as a Category 1 Hurricane. The eastern quadrant of the storm’s center also passed over significant portions of...more

Beware: Claims Investigations May Not Be Protected From Disclosure In Maryland

by Pessin Katz Law, P.A. on

Insurance companies and lawyers defending insurance companies oftentimes try to shield claims investigations from disclosure during discovery. Oftentimes, the claimed basis for non-disclosure is the work-product privilege. In...more

Industrial Commission No Longer to Allow Carriers to Directly File Motions and Responses (Form 24s, 23 Responses, etc.)

Meredith Henderson, the North Carolina Industrial Commission’s Executive Secretary, has announced that beginning Monday, September 18, 2017, the Commission will no longer accept Motions or Motion Responses filed by adjusters....more

HB1774 - Insurers May Elect to Adopt Adjusters’ Liability

by Zelle LLP on

The applicability of Texas House Bill 1774 to Hurricane Harvey claims has been a hot topic in the press and on social media. This legislation, which became effective on September 1st, will apply to all Hurricane Harvey...more

Insurance Broker Series: Winnie Van, ABD Insurance and Financial Services

Farella’s Insurance Recovery Group lawyers regularly collaborate with and learn from different players and functions within the insurance industry. To provide more value to our readers, we have reached out to a series of...more

Texas Department of Insurance Issues Bulletins Relating to Hurricane Harvey

With flood waters yet to fully recede, and the cleanup and recovery efforts from the damage caused by Hurricane Harvey and its aftermath in southeast Texas just beginning, the Texas Department of Insurance issued a number of...more

Hurricane Harvey: Insurance Statutes and Regulations

by Carlton Fields on

Because Hurricane Harvey claims may be taking you and your colleagues to different states, we thought it might be helpful to bear in mind the claims adjusting standards and regulations in those states that will likely be...more

Bad Faith: District Court Remands Case Involving In-house Adjuster

by Nexsen Pruet, PLLC on

Recently, the United States District Court in South Carolina closed the door on removal of insurance bad faith actions where the in-house, non-diverse, claims adjuster is a co-defendant. In Aung v. GEICO, C.A. No.:...more

Insured May Bear the Consequences of Insurer’s Negligence

For decades, California courts have mandated that an insurer is obligated to accept a “reasonable” settlement demand within policy limits on behalf of its insured. If it fails to do so, it is liable for the entire judgment,...more

Washington: Third-Party Administrators and Adjusters Can Be Liable in Bad Faith Actions

by Cozen O'Connor on

On April 11, 2017, the Division III Washington Court of Appeals, on a 2 to 1 vote, held that third party administrators and adjusters can be liable in bad faith actions under multiple legal theories. Merriman v. Am. Guar. &...more

Utah 2017 Legislative Update – Employment Law Issues

by Payne & Fears on

The 2017 session of the Utah Legislature produced few bills affecting employment law; but two bills recently signed by the Governor and one bill that was not passed this year may have an impact on Utah businesses....more

What to do when insurance companies insist on their case manager

by Michigan Auto Law on

An insurance company claim adjuster cannot override a car accident victim’s right to choose his or her own case manager. But that doesn’t mean some Michigan auto insurance companies won’t try to push hard to control an...more

Adjuster Tools for Water Losses

Lois Chamberlain sat down at her desk, adjusted her reading glasses, and stared at the screen filled with columns of check requests — each supported by a claim summary. Lois was two weeks from her retirement party. She...more

Everest Indemnity Insurance Company v. Rea Rejects Implied Waiver Of The Attorney-Client Privilege

As it stands now, the majority decision in Everest is clear: No implied waiver of the attorney-client privilege occurs where adjusters themselves make the claims decisions and do not rely on the advice of counsel to form...more

JSH Reporter - Summer 2016

We are excited to announce the launch of our Summer 2016 JSH Reporter! The JSH Reporter is designed to provide information about changes in the law and how these affect a variety of industries. In this issue, you will...more

Connecticut Court Holds No Cause Of Action Against Independent Adjuster For Negligence

by Cozen O'Connor on

The states are divided over whether an independent adjuster can be sued for negligence by the insured, and no Connecticut appellate court has ever addressed that issue. Last Tuesday, however, one of the state’s federal...more

The Wild West of Improper Joinder in North Texas

by Zelle LLP on

In 1998, the Texas Supreme Court recognized that an insurance claim adjuster can be held personally liable for a breach of the Texas Insurance Code. Based on this precedent, it has become commonplace for claim adjusters to be...more

Texas Legislature Reins in Public Adjuster Conduct

by Zelle LLP on

Obvious to anyone in the insurance industry, Texas courts are experiencing an explosion of first-party property insurance lawsuits arising from wind and hail related insurance claims. Dozens of lawsuits are filed every day in...more

How Insurance Industry Employers Can Navigate the New White-Collar Overtime Rules: Turning Legal Challenge Into Business...

by Seyfarth Shaw LLP on

As most insurance industry employers are probably aware by now, the Department of Labor has proposed revisions to its regulations that seek to further limit the instances in which certain employees may qualify as exempt from...more

District Court Rules On Discovery In Bad Faith Case

by Carlton Fields on

In a dispute between the excess and primary liability insurance carriers of a common insured based upon the primary insurer’s alleged breach of the duty to defend the common insured, the U.S. District Court for the Eastern...more

Don’t Mess With Texas Adjusters In Hail Damage Claims

by Zelle LLP on

Texas hail claim policyholder lawyers, like many plaintiffs’ lawyers, clearly prefer to be in state court rather than federal court. To accomplish this and prevent the defendant insurer from properly removing the lawsuit to...more

5th Circ. Highlights Importance Of Claim Investigation

by Zelle LLP on

Any insurance lawyer practicing in Texas knows that in order to show an insurance company has breached its duty of good faith and fair dealing to its insured, the insured must show “there is no reasonable basis for denial of...more

Insurance Industry Wins Temporary FLSA Exemption for Insurance Adjusters in CRomnibus

by Franczek Radelet P.C. on

On Tuesday, we discussed Congress’s passage of the Consolidated and Further Continuing Appropriations Act, 2015, nicknamed CRomnibus in the waning days of the 2014 legislative session. The omnibus spending bill avoided...more

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