Insurance Claims And Issues tag:typepad.com,2003:weblog-602540 2012-02-08T04:37:00-05:00 Insurance Claims and Issues. TypePad UMBRELLA CARRIER SUES INSURED'S DEFENSE COUNSEL: DISMISSAL REVERSED, COMPLAINT REINSTATED. tag:typepad.com,2003:post-6a00d8341d713153ef016761f003cf970b 2012-02-08T04:37:00-05:00 2012-02-07T19:54:54-05:00 On an appeal from a Trial Court Order granting a Motion to Dismiss, a lopsided majority of the Mississippi Court of Appeals, en banc, reversed the dismissal and reinstated the Complaint in Great American E & S Insurance Co. v.... Dennis Wall http://insuranceclaimsissues.typepad.com/insurance_claims_and_issu/2012/02/umbrella-carrier-sues-insureds-defense-counsel-dismissal-reversed-complaint-reinstated.html Ask; They Won't Tell! tag:typepad.com,2003:post-6a00d8341d713153ef016300cd27ca970d 2012-02-06T04:34:00-05:00 2012-02-05T18:46:30-05:00 In the United States, the "average" Insurance Premium per automobile for Liability, Comprehensive, and Collision Coverages is about $901.00. Tara Siegel Bernard, "Your Money / Car Policy For Less, But Only if You Call" p. B1, col. 1 (New York... Dennis Wall http://insuranceclaimsissues.typepad.com/insurance_claims_and_issu/2012/02/ask-they-wont-tell.html Part 3 of 4: Residential Mortgage-Backed Securities Working Group ... tag:typepad.com,2003:post-6a00d8341d713153ef016761813329970b 2012-02-01T16:31:51-05:00 2012-02-01T16:35:44-05:00 ... Is the Fix In? This is the Third in a series of Four posts. The series began on Insurance Claims and Issues Web Log on Monday, January 30, 2012 and continued on Insurance Issues and Bad Faith Law Blog... Dennis Wall http://insuranceclaimsissues.typepad.com/insurance_claims_and_issu/2012/02/part-3-of-4-residential-mortgage-backed-securities-working-group-.html Is The Fix In: Residential Mortgage-Backed Securities Working Group? tag:typepad.com,2003:post-6a00d8341d713153ef0168e662fa33970c 2012-01-30T21:09:02-05:00 2012-01-30T21:09:02-05:00 Settlement talks have been taking place for awhile between five (5) huge Mortgage Servicers and most if not all of the fifty (50) State Attorneys General and the Obama Justice Department. The talks started about the issues of "robosigning" and... Dennis Wall http://insuranceclaimsissues.typepad.com/insurance_claims_and_issu/2012/01/is-the-fix-in-residential-mortgage-backed-securities-working-group.html Mortgage Foreclosure Fraud ... Again? tag:typepad.com,2003:post-6a00d8341d713153ef016761012a5a970b 2012-01-25T04:48:00-05:00 2012-01-24T13:01:18-05:00 The Fix is almost in. Maybe. As these words are written, the 2012 State of the Union Address has not yet been given. 2012 is also an election year for the President, of course. Obama Administration officials, chiefly the Secretary... Dennis Wall http://insuranceclaimsissues.typepad.com/insurance_claims_and_issu/2012/01/mortgage-foreclosure-fraud-again.html Robichaux Rulings, Redux (Part 2 of 2). tag:typepad.com,2003:post-6a00d8341d713153ef016760ee133b970b 2012-01-23T04:41:00-05:00 2012-01-23T08:09:34-05:00 This continues a post here from January 4, 2012. The winds and waters of Hurricane Katrina struck Michael and Mary Robichauxes' home, detached garage, shed and personal property. Their home, which had been located one block north of the Gulf... Dennis Wall http://insuranceclaimsissues.typepad.com/insurance_claims_and_issu/2012/01/robichaux-rulings-redux-part-2-of-2.html Link to Good Cavalcade of Risks 149! tag:typepad.com,2003:post-6a00d8341d713153ef0168e5dd48fe970c 2012-01-20T12:52:00-05:00 2012-01-20T13:01:47-05:00 A collection of excellent posts on risk in general, and many on Insurance in particular, is coming in the 149 Cavalcade of Risk. It is being hosted by http://notwithstandingblog.wordpress.com/. And here again is a link to the hosting blog: http://notwithstandingblog.wordpress.com/... Dennis Wall http://insuranceclaimsissues.typepad.com/insurance_claims_and_issu/2012/01/link-to-cavalcade-of-risks-14-.html HEALTH INSURANCE: "UNREASONABLE RATE INCREASES" SUBJECT TO REVIEW -- AND MORE. tag:typepad.com,2003:post-6a00d8341d713153ef01676087c96d970b 2012-01-18T03:53:00-05:00 2012-01-18T06:39:41-05:00 "Before the Affordable Care Act, consumers were in the dark about their health insurance premiums, because there was no nationwide transparency or accountability. Now, [health] insurance companies are required to disclose rate increases over 10 percent and justify those increases.... Dennis Wall http://insuranceclaimsissues.typepad.com/insurance_claims_and_issu/2012/01/rate-rollbacks-demanded-under-new-federal-health-care-law.html NO AUTO LIABILITY INSURANCE COVERAGE FOR TEXTING WHILE DRIVING? tag:typepad.com,2003:post-6a00d8341d713153ef016760955989970b 2012-01-16T03:53:00-05:00 2012-01-15T15:59:12-05:00 "We have an obligation to pay that claim, to protect that innocent bystander, even if you were stupid." Ms. Loretta Worters, Vice President of the Insurance Information Institute ("III"), quoted by Ann Carrns, "Texting, Driving and Insurance" p. B4, col.... Dennis Wall http://insuranceclaimsissues.typepad.com/insurance_claims_and_issu/2012/01/no-auto-liability-insurance-coverage-for-texting-while-driving.html Individual Damaged Homeowners No Place to Stand, Court Says, Over HOA Homeowner's Policy. tag:typepad.com,2003:post-6a00d8341d713153ef0162ff5c2ae0970d 2012-01-11T04:30:00-05:00 2012-01-10T18:34:51-05:00 Individual Homeowners may have Property Damage claims. Their Homeowners Association may have a Homeowner's Insurance Policy. The individual Homeowners may seek to make a claim under it. Can they? The Court in a recent Federal Case said, "No." In that... Dennis Wall http://insuranceclaimsissues.typepad.com/insurance_claims_and_issu/2012/01/individual-damaged-homeowners-no-place-to-stand-court-says-over-hoa-homeowners-policy.html Silence on the Mortgage Fraud Settlement Front, For Now. tag:typepad.com,2003:post-6a00d8341d713153ef01676033d646970b 2012-01-09T04:13:00-05:00 2012-01-08T19:07:16-05:00 This updates posts here and on Insurance Claims Bad Faith Law Blog addressing why and how the Attorney Generals of California, Massachusetts and Nevada, among other jurisdictions, have all rejected the idea of engaging in settlement talks over uninvestigated, unknown... Dennis Wall http://insuranceclaimsissues.typepad.com/insurance_claims_and_issu/2012/01/silence-on-the-mortgage-fraud-settlement-front-for-now.html Double Recovery is a Matter of Proof, Not Opinion. tag:typepad.com,2003:post-6a00d8341d713153ef0168e4ec9801970c 2012-01-04T04:47:00-05:00 2012-01-04T04:47:00-05:00 The winds and waters of Hurricane Katrina have spawned more than one blog post, article, book. So it is with a recent decision by the Supreme Court of Mississsippi. The new decision has so many features that it has been... Dennis Wall http://insuranceclaimsissues.typepad.com/insurance_claims_and_issu/2012/01/double-recovery-is-a-matter-of-proof-not-opinion.html Title Insurance Coverage for Access to Lake Michigan. tag:typepad.com,2003:post-6a00d8341d713153ef0162fe940a80970d 2011-12-28T09:27:09-05:00 2011-12-28T09:27:09-05:00 Title Insurance Policy Exceptions were at issue in Plastow v. Lawyers Title Insurance Corp., 2011 WL 6370570 (W.D. Mich. December 20, 2011), Download Plastow v. Lawyers Title Insurance Corp. (W.D. Mich. Case No. 1.10cv703, Opinion Filed December 20, 2011) PUBLIC... Dennis Wall http://insuranceclaimsissues.typepad.com/insurance_claims_and_issu/2011/12/title-insurance-coverage-for-access-to-lake-michigan.html D&O Wars II. tag:typepad.com,2003:post-6a00d8341d713153ef01675f286101970b 2011-12-23T04:09:00-05:00 2011-12-23T07:10:05-05:00 "Instead of an attack on the 1 percent, let's call it an attack on the very productive." Max Abelson, "Bankers Join Billionaires to Debunk 'Imbecile' Attack on Top 1%" (Bloomberg Online, Tuesday, December 20, 2011), quoting what is described as... Dennis Wall http://insuranceclaimsissues.typepad.com/insurance_claims_and_issu/2011/12/do-wars-ii.html D&O WARS: CORPORATE SHAREHOLDERS PAY PREMIUMS; DIRECTORS, OFFICERS DO NOT. tag:typepad.com,2003:post-6a00d8341d713153ef01543899f300970c 2011-12-21T04:39:00-05:00 2011-12-21T07:22:20-05:00 Underwriting vs. Claims, again. Directors and Officers Insurance Premiums are paid by their corporations. That of course means that D&O Premiums are really paid by the Shareholders. See Louise Story, "Ex-Bank Executives Settle F.D.I.C. Lawsuit" (New York Times Online, December... Dennis Wall http://insuranceclaimsissues.typepad.com/insurance_claims_and_issu/2011/12/do-wars-corporate-shareholders-pay-premiums-directors-officers-do-not.html "Put Your Hands Up, Or ... We'll SETTLE!" Not Hardly, Pilgrim. tag:typepad.com,2003:post-6a00d8341d713153ef0154387cf50f970c 2011-12-19T04:28:00-05:00 2011-12-18T14:00:50-05:00 The Securities and Exchange Commission "enforcement chief" says settlements leave your client better off than what they could get if they went to Trial. Edward Wyatt, "House Panel to Examine Settlements By S.E.C." p. B6, col. 1 (New York Times... Dennis Wall http://insuranceclaimsissues.typepad.com/insurance_claims_and_issu/2011/12/put-your-hands-up-or-well-settle-not-hardly-pilgrim.html Link to Good Cavalcade of Risk Postings 146! tag:typepad.com,2003:post-6a00d8341d713153ef01543849c758970c 2011-12-14T10:20:00-05:00 2011-12-14T10:20:00-05:00 There is a collection of excellent posts on risk in general, and many on Insurance in particular, at 146 Cavalcade of Risk. Enjoy your internet research and reading! Please Read The Disclaimer. Dennis Wall http://insuranceclaimsissues.typepad.com/insurance_claims_and_issu/2011/12/link-to-good-cavalcade-of-risk-postings-146.html Why Medical Loss Ratios Matter. tag:typepad.com,2003:post-6a00d8341d713153ef0162fdc3e06f970d 2011-12-14T04:54:00-05:00 2011-12-14T09:23:08-05:00 Under the new Patient Protection and Affordable Care Act and its Regulations which are being finalized at this time, Health Insurance Companies must spend a minimum of 80% of their payments on actual Health benefits for Medical Care for sick... Dennis Wall http://insuranceclaimsissues.typepad.com/insurance_claims_and_issu/2011/12/title-insurance-is-not-your-fathers-or-mothers-liability-insurance.html Late Notice Defense of Excess Carrier to Hurricane Claim Rejected. tag:typepad.com,2003:post-6a00d8341d713153ef01543834b749970c 2011-12-12T12:05:11-05:00 2011-12-12T12:05:11-05:00 Banta Properties, Inc. is a property management company. It purchased Primary Property Insurance Coverage from General Star and Excess Coverage from Arch Specialty. The Arch Specialty Excess Policy was 'following form,' i.e., it followed the forms of the underlying General... Dennis Wall http://insuranceclaimsissues.typepad.com/insurance_claims_and_issu/2011/12/late-notice-defense-of-excess-carrier-to-hurricane-claim-rejected.html Current Computer Models Predict Premium Increases, Not Hurricanes. tag:typepad.com,2003:post-6a00d8341d713153ef0162fd740cc8970d 2011-12-07T04:27:00-05:00 2011-12-07T06:35:29-05:00 Hurricanes are not the only Catastrophes. Today is Pearl Harbor Day. Remember Pearl Harbor and remember, too, that everyone's life is entitled to respect if only because all our lives, already too short, are every one subject to unexpected Catastrophes... Dennis Wall http://insuranceclaimsissues.typepad.com/insurance_claims_and_issu/2011/12/current-computer-models-predict-premium-increases-not-hurricanes.html Health Insurance Companies Ration Health Care. tag:typepad.com,2003:post-6a00d8341d713153ef015394031cf1970b 2011-12-05T04:13:00-05:00 2011-12-05T06:25:10-05:00 There are those who say that the Patient Protection and Affordable Care Act, which they call "Obamacare," rations Health Care. This would not be a new thing. It would only change the identity of "who" rations our Health Care. Before... Dennis Wall http://insuranceclaimsissues.typepad.com/insurance_claims_and_issu/2011/12/health-insurance-companies-ration-health-care.html ADVANCED NATIONAL FORUM ON BAD FAITH LITIGATION: ... tag:typepad.com,2003:post-6a00d8341d713153ef015393ab46cb970b 2011-11-30T04:50:00-05:00 2011-11-27T17:00:28-05:00 ... AND IN THIS POST: FLORIDA SINKHOLE CLAIMS. Florida Statute Sections 627.707, 627.7072, 627.7073, and 627.7074 prescribe much of the presentation and handling of Sinkhole Claims. It has just been held that Sinkhole Claim Handling under a Homeowner's Policy strictly... Dennis Wall http://insuranceclaimsissues.typepad.com/insurance_claims_and_issu/2011/11/advanced-national-forum-on-bad-faith-litigation.html Health Insurance Companies May Regret Mandate Deal. tag:typepad.com,2003:post-6a00d8341d713153ef0153939defbf970b 2011-11-28T04:44:00-05:00 2011-11-28T04:44:00-05:00 The Health Insurance industry thought that it got more than it gave up while it was doing deals with the White House before Health Insurance bills were submitted to Congress. Most famously, Health Insurance Companies: Agreed not to contest Preexisting... Dennis Wall http://insuranceclaimsissues.typepad.com/insurance_claims_and_issu/2011/11/health-insurance-companies-may-regret-mandate-deal.html Florida Health Premiums ... Hurricane Season Not Over Yet. BUT WAIT! tag:typepad.com,2003:post-6a00d8341d713153ef015393684e67970b 2011-11-23T04:39:00-05:00 2011-11-23T06:09:15-05:00 From a blog report with many links comes unwanted news: Florida Health Insurance Premiums are "skyrocketing": Robert Trigaux, Business Editor of the St. Petersburg Times in his Venture Blog, "Florida's Still Losing the War on Skyrocketing Health Premiums" posted November... Dennis Wall http://insuranceclaimsissues.typepad.com/insurance_claims_and_issu/2011/11/health-insurance-premiums-flood-florida-hurricane-season-not-over-yet.html Collapsing Ethanol Production: No Business Interruption Found, New Collapse Trial. tag:typepad.com,2003:post-6a00d8341d713153ef0162fcaaa43f970d 2011-11-21T04:12:00-05:00 2011-11-20T19:20:05-05:00 KAAPA Ethanol owned and managed an ethanol production plant. KAAPA bought an "All Risk" Property Insurance Policy from Affiliated FM Insurance Company. Right after ethanol production began, the KAAPA plant stopped producing ethanol. "[S]torage tanks began to lean, their foundations... Dennis Wall http://insuranceclaimsissues.typepad.com/insurance_claims_and_issu/2011/11/collapsing-ethanol-production-no-business-interruption-found-new-collapse-trial.html Reconsideration Motion Okay When Reasonable Expectations Doctrine Was Arguably Misapplied. tag:typepad.com,2003:post-6a00d8341d713153ef0162fc76b7da970d 2011-11-16T07:02:46-05:00 2011-11-16T08:59:23-05:00 In Dare Investments, LLC v. Chicago Title Insurance Co., 2011 WL 5513196 (D.N.J. November 10, 2011) Download Dare Investments, LLC v. Chicago Title Insurance Co. (D.N.J. Case No. 10.6088, Order Filed November 10, 2011) PUBLIC ACCESS, STATED NOT FOR PUBLICATION... Dennis Wall http://insuranceclaimsissues.typepad.com/insurance_claims_and_issu/2011/11/reconsideration-motion-okay-when-doctrine-reasonable-expectations-was-arguably-misapplied.html Claim Adjuster's Individual Liability: Alleged Claim Handling Misrepresentations Prevent Remand. tag:typepad.com,2003:post-6a00d8341d713153ef0162fc5cb744970d 2011-11-14T04:22:00-05:00 2011-11-13T18:31:37-05:00 Claims adjusters employed by Insurance Companies in Florida have always been like everybody else in that they are "susceptible to direct and individual liability for an intentional tort, including a fraud." Leonhardt v. GEICO Casualty Co., 2011 WL 5359840 *2... Dennis Wall http://insuranceclaimsissues.typepad.com/insurance_claims_and_issu/2011/11/claim-adjuster-individual-liability-alleged-misrepresentation-of-coverage-prevents-remand.html Counting All Hurricanes! Forecasters Fumble, Rockies Crumble, Florida Humble. tag:typepad.com,2003:post-6a00d8341d713153ef015392e06445970b 2011-11-09T04:06:00-05:00 2011-11-09T05:15:14-05:00 One of the enduring legacies of the George W. Bush Administration was its award of lucrative (no-bid?) contracts to meteorologists located at Colorado State in the Rocky Mountains to issue Hurricane forecasts for Florida. Now it is reported that Hurricanes... Dennis Wall http://insuranceclaimsissues.typepad.com/insurance_claims_and_issu/2011/11/counting-all-hurricanes-forecasters-fumble-rockies-crumble-florida-humble.html Derivative Investments Dive, Reinsurance Raises Warren Buffett Insurance Profits. tag:typepad.com,2003:post-6a00d8341d713153ef0162fc2a7951970d 2011-11-07T04:25:00-05:00 2011-11-07T05:59:33-05:00 In the past, Mr. Warren Buffett famously described derivatives as weapons of financial destruction. Now, derivatives are partially accountable for a drop in 3Q 2011 Profit reported by Berkshire Hathaway, Mr. Buffett's huge conglomerate. See "Derivatives Cut Into Berkshire Hathaway's... Dennis Wall http://insuranceclaimsissues.typepad.com/insurance_claims_and_issu/2011/11/derivative-investments-dive-reinsurance-raises-warren-buffett-insurance-profits.html Medical-Loss Ratios Requirement of Paying More Healthcare Expenses, ... tag:typepad.com,2003:post-6a00d8341d713153ef0154369168e7970c 2011-11-02T04:04:00-04:00 2011-11-01T20:08:47-04:00 ... Less in Overhead, Does NOT Reduce Health Insurance Companies' Profitability. Good Payments Mean Good Business. One of the comparatively few provisions of the Patient Protection and Affordable Care Act in effect now, as distinct from the many provisions taking... Dennis Wall http://insuranceclaimsissues.typepad.com/insurance_claims_and_issu/2011/11/medical-loss-ratios-requirement-of-paying-more-healthcare-expenses-.html