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The Importance Of Clarity In Subrogation Stipulations And Agreements

Pulitzer prize winning historian David McCullough once said that ‘Writing is thinking. To write well is to think clearly. That’s why it is so hard.’ When claims adjusters, subrogation professionals, and/or subrogation lawyers document a settlement or stipulation with an insured’s or employee’s attorney regarding a subrogation interest, getting all the right words in the right order is only half of the job.
August 3, 2022 Subrogation

Auto Markets And Settlement Of First-Party Totaled Vehicle Claims

Conflict over the settlement of totaled vehicle claims remains one of our most litigated issues of the day. Typical allegations in the litigation include insurers’ failure to comply with laws dealing specifically with totaled vehicles, breach of contract, unfair claims practices, fraud, unjust enrichment, failure to provide proof that the various computer formulas used to determine a totaled vehicle’s value have been appropriately validated, and misuse of statistical methods.
August 3, 2022 Auto





Putting Humpty Together Again

Workers’ Compensation, as an industry, has a marketing problem. It is probably better described as a messaging problem. It has long been true that the industry has been broadly defined by the negative stories that find their way into local and national press publications and media outlets.
August 2, 2022 Workers' Compensation

Texas Adjusting Company Ordered To Cease And Desist In Louisiana

State insurance officials have issued a cease and desist order to an adjuster and his agency. Investigators from the Office of Insurance Fraud and Enforcement at the Louisiana Department of Insurance (LDI) issued non-resident public adjuster Kade Austen Mitchell and his agency a cease-and-desist order and notice of summary suspension on July 22, 2022, for improperly withholding, misappropriating, or converting funds received in the course of doing business.
August 1, 2022




Standing Up To Sit Down

On July 19, 2022, the California Court of Appeal offered some clarification on an employer’s duty to provide seating under Wage Order 7 in Meda v. Autozone, Inc. (2022 Cal.App.LEXIS 629, 2022 WL 2813819).
July 29, 2022 Litigation California


RiskStream Collaborative: Tomorrow’s FNOL Has Arrived

Claims are frequently cited as ‘the moment of truth,’ and FNOL (First Notice of Loss) is where all claims begin. Now, new technology through an innovative industry collaboration on a blockchain platform is being leveraged to enable FNOL data exchange between insurers -- and eventually other claim ecosystem partners.