Right now, I’m preparing for a coverage trial involving aspects of both New Jersey and Massachusetts law. I was reviewing the Unfair Claims Settlement Practices Acts (“UCSPA”) adopted in both states, and I noticed the following.
The New Jersey version of UCSPA prohibits certain bad behavior if committed “with such frequency as to indicate…
Over at Settlement Perspectives, they have some good advice about working with your insurance carrier to resolve disputes. These include: “Insurers hate surprises. Communication is key.”
I will add the following. You must observe the rules of the ritual. Insurance companies are huge bureaucracies, and like all bureaucracies, they have their sometimes arcane procedures for getting…
Recently, in a major environmental insurance coverage claim, I had a carrier refuse to provide coverage based on something that it described as the “intentional acts” defense. Since all “acts” are intentional, an “intentional acts” defense would mean that liability insurance coverage does not exist – for anything. Intentional harm, of course, is generally…
Recently, one of my friends in the insurance defense bar told me that he’d been given a very strict standing order by his insurance company client. In any case involving a potential conflict-of-laws situation, he was prohibited from EVER arguing for the application of New Jersey law.
This attitude stems from cases like the New…
Absent a specific law or contractual provision, American courts generally follow the “American Rule,” meaning that each side pays its own legal fees. Seems unfair that when a company buys a liability insurance policy, it still may have to hire lawyers to sue the carrier and secure the paid-for defense of an underlying action. New…