I’m just back from Orlando where I had the opportunity to speak at an ABA conference on business interruption insurance. During the talk, I referred to a case I often cite, Rawlings v. Apodaca, 151 Ariz. 149, 726 P.2d 565, 1986 Ariz. LEXIS 253 (1986). For me, the key quote from the case is:
“In…
In the last post, we took a look at the Dictiomatic case, in which the policyholder took a beating for overreaching on a business interruption claim. Turnabout being fair play, let’s now have a look at a recent case in which the insurance company got thumped in the business interruption arena. The case is Amerigraphics…
Needless to say, it can be very dangerous for insurance companies to “roll the dice.” Over at the Michigan Auto Lawyers Blog, Steve Gursten tells the story of an adjuster who showed up 40 minutes late for a mediation, and then wouldn’t go north of $1 million in a catastrophic truck accident case involving serious personal injury. The…
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…
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…