Category Archives: Insurance

Client Expectations & E&O Claims

For many professions, not meeting client expectations is not just bad service, it can translate to a lawsuit and trigger professional liability insurance. Insurance agents are no different. An article in American Agent & Broker talks about client dissatisfaction and insurance agents E&O claims (see here). The author suggests instituting a process with agents and CSRs for surfacing client issues to management. In addition to making sure the client service issues are adequately addressed, this proactive approach provides a forum….. To continue reading this legal news please click Read full information...

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Proof Of Loss Requirement

Probably all homeowner policies require a “Proof Of Loss” (POL) be filed before a lawsuit be filed against the insurance company.  This issue is addressed in the Northern District, Dallas Division opinion, Gwendolyn Pamphile v. Allstate Texas Lloyds. Before the Court was a motion to dismiss filed by Allstate.  This arose out of an insurance dispute wherein Pamphile suffered hail damage during a storm and made a claim to Allstate for benefits.  Allstate assigned an adjuster who evaluated the claim and Allstate made payment based on the adjusters evaluation.  Unsatisfied with the payment Pamphile submitted a POL form with her own repair estimate and one day later, filed suit against Allstate.  Allstate removed the case to federal court and filed their motion to dismiss. Federal courts can adjudicate claims only when subject matter jurisdiction is expressly conferred and must otherwise dismiss for lack of subject matter jurisdiction. Continue….. To continue reading this legal news please click Read full information...

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Top O'The Week Linkfest

■ A few months ago, we noted that, far from elevating health care results among those most needy, "the weight of the scientific evidence is that Medicaid expansion has not saved lives."Now, FoIB Holly R offers more proof that Medicaid over-promises and under-delivers:"[F]or patients with other public [i.e., Medicaid] or no insurance, survival was often stubbornly unchanged, or, in some cancers, declining."Ooops.■ A slight correction (well, clarification) for our item last week on Wells Fargo's little insurance fraud fiasco. From the original article, we understood this to mean home (and perhaps auto) policies; thanks to FoIB Allison Bell, we learn that at least some of these appear to have been life insurance plans:"California insurance regulators say problems with unauthorized product sales at Wells Fargo bank branches may have affected some sales of term life insurance."Yikes.■ And about that ObamaTax cost curve; back in….. To continue reading this legal news please click Read full information...

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Lawsuits In Homeowners Cases

Insurance lawyers know that one of the more common claims arise from homeowners claims.  Trying to keep the case in State or County Court is most favorable for the homeowner.  However, doing that is more and more difficult.  This is illustrated in the 2017, Northern District, Fort Worth Division opinion, William Mauldin v. Allstate Insurance, et al. After damages were suffered to the residence of William, he made a claim against his homeowner’s policy with Allstate.  A lawsuit was eventually filed against Allstate and the adjuster Mayella Gonzalez for violations of the Texas Insurance Code and the Texas DTPA. Allstate and Gonzalez removed the case to Federal Court under 28 U.S.C. Section 1441(a), alleging that the adjuster Gonzalez was improperly joined in an effort to defeat diversity.  When improper joinder is alleged, the Court does a Rule 12(b)(6) type of analysis to determine whether there is a chance of recovery against Gonzalez. Continue….. To continue reading this legal news please click Read full information...

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Please Join Us for a Locke Lord Webinar – Dissecting the Amendments to Florida’s Viatical Settlement Act – December 20

You are invited to a Complimentary Webinar for Clients and Friends of Locke Lord LLP Title: Dissecting the Amendments to Florida’s Viatical Settlement Act – Plus, a brief update on Delaware’s Amended Viatical Settlements ActDate: Wednesday, December 20, 2018Time: 12:00 pm Central / 1:00 pm Eastern This program will discuss the 2017 amendments to Florida’s Viatical Settlement Act that became effective June 26, 2017, and the myriad of challenging issues presented by the amendment. We will also provide a brief update on Delaware’s amendments to its Viatical Settlements Act. Register Now. http://mp163422.cdn.mediaplatform.com/163422/wc/mp/4000/15208/30195/97461/Lobby/default.htm?ref=ProductionTeamEmail This program is pending approval of CLE credit... To continue reading this legal news please click Read full information...

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