Disciplined in Sophisticated Defense and Insurance Litigation

March 04, 2016 | Publication| Shelter from the Storm: Potential Disputes in Handling Additional Living Expense Claims

Richard D. Gable Jr., Michael J. McLaughlin

A house fire can be one of the most disruptive events a family will face. But life must go on. A new place to reside is required pending repairs, children need to go to school, and pets need to be cared for. Read the entire article here.

November 28, 2016 PublicationThe Pitfalls Affecting Admission of Expert Bad Faith Testimony Under Daubert

Two recent federal cases highlight the challenges practitioners face in presenting expert claims handling testimony in bad faith litigation under the Daubert standard.  In the first case, a court excluded such expert testimony on behalf of the insurer. In the second, the same court excluded and restricted such testimony on behalf of the insured.

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November 23, 2016 PublicationAwash in AOBs

Hurricane Matthew lashed Florida’s eastern coast in early October causing significant damage to both residential and commercial property.  While Hurricane Matthew is gone, Florida insurers are now bracing for another type of storm, namely a flood of assigned insurance claims in the wake of Hurricane Matthew’s destruction.  Over the past few years, assigned insurance claims – often referred to assignments of benefits or AOBs – have been particularly challenging for first-party property insurers in Florida.  AOBs raise unique issues, including fraud concerns.

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October 11, 2016 PublicationHold on to Your Recoveries so They Don't Spoil

The phrase "spoliation of evidence" invokes thoughts of discarded pipes and compromised fire scenes. Even the greenest of first party adjusters and subrogation professionals are quick to ask an insured if the physical artifacts related to a loss are still available. Given that most documents are now transmitted and stored electronically, the potential for spoliation of evidence exists not only with physical artifacts, but also with the preservation of documents and electronically stored information ("ESI"). In order to prevent a claim of defense alleging the spoliation of evidence, adjusters and subrogation professionals should be implementing litigation holds for all claims where subrogation is pursued. 

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June 01, 2014 PublicationFraud Squad. The Role of Mediation in Settling Fraud Disputes

Alternative dispute resolution in a fraud dispute is a unique beast. The parties begin diametrically opposed horns locked in a fight to the death. Emotionally charged with righteous indignation, anger, and fear, tensions permeate the discussion. Perhaps too focused on dominance, even experienced fraud litigators continue to beat their chests. The parties seem intractable (perhaps emboldened by their legal counsel). Both sides appear incapable of compromise. Is the prospect of successful settlement talks a futile daydream? Of course not. The parties may simply need the assistance of a highly qualified mediator.

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September 01, 2013 PublicationMind the Gap: Weathering the Statutory Notification Process When a Data Breach Occurs

Even before Edward Snowden and the NSA entered into the public conversation, data breach concerns abounded. For instance, a recent study conducted by the Ponemon Institute surveyed 4,774 IT and IT security professionals from nine countries- U.S., UK, France, Germany, Japan, China, India, Australia, and Brazil - and revealed that 60 percent of companies had a network security breach in the last year and 34 percent of those companies experienced more than one breach.

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August 01, 2013 PublicationInvestigation: Fraud Squad. Keys to Good Faith Fraud Referrals

Unlike robbery, grand theft auto, and other street crimes, insurance fraud is rarely committed in a manner easily detected by law enforcement. 

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September 01, 2012 PublicationThe 2012 Women's Leadership Forum: Paying it Forward and Paying it Back

"Inspiration to initiate improvement." That's what attendees can expect to take away from the CLM's  2012 Women's Leadership Forum.

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April 12, 2012 PublicationLearning from the 2011 Tornado Season: A Historic Year of Coverage Lessons for Insurers in 2012

A publication of CLM
As natural disasters go, the tornado season of 2011 was one of the worst on the books. The National Weather Service reported that a record number of tornadoes touched down during the April-May 2011 tornado season, with the state of Alabama having more tornadoes reach the ground than in any other state.

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October 01, 2002 PublicationOvercoming Limitation of Liability Clauses in Commercial Warehouse Storage Contracts

Contained within the boilerplate language of most, if not all, commercial warehouse storage agreements is a clause limiting liability for damage to the consumer's goods ability of a warehouseman to limit his liability has its basis in public policy: absent the limitation, storage costs would be excessively high, as the warehouses would be required to carry perhaps hundreds of millions of dollars of liability insurance, depending on the nature of goods stored.

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