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Insurance Law Blog

Wednesday, October 18, 2017

LANDMINE: The Certificate of Insurance

Many contracts require the junior party (the one with less leverage) to buy insurance for risks created by the contract and to have the senior party (the one with more leverage) listed on the policy as an additional insured. In most cases they require the junior party to provide a Certificate of Insurance to prove that the right kind of coverage has been purchased and that the superior party has been listed on the policy as an additional insured.

But a Certificate of Insurance by itself is meaningless.



Read more . . .


Monday, October 16, 2017

RULE NUMBER THREE: When You File a Claim, You Initiate an ADVERSARIAL Process

In my first two posts, I explained that the two most important things I could ever tell any lawyer (or client) are Rule Number One and Rule Number Two.  And those first two rules remain paramount.  But the third most important thing I could communicate, is Rule Number Three: When You File a Claim, You Initiate an Adversarial Process. 


Read more . . .


Monday, October 2, 2017

RULE NUMBER TWO: Your Insurance Policy is a CONTRACT.

I explained in my initial post that after 26 years of insurance law practice the most important thing I can communicate to any lawyer (or their client) is Rule Number One: The Insurance Company is Not Your Friend. The second most important thing I could say is Rule Number Two, Your Insurance Policy is a CONTRACT.


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Wednesday, July 5, 2017

RULE NUMBER ONE: The Insurance Company is NOT Your Friend.

After 25+ years of insurance law practice, the single most important thing I can communicate to any lawyer-or any lawyer's client--is, “Rule Number One: The Insurance Company is NOT Your Friend.”

You will say, “Everybody knows that.” Maybe, but too few people act like they know it. I have witnessed the anguish of countless individuals who thought their insurer was their friend, only to discover when the chips were down that their insurer was merely a tough, sophisticated, for-profit business.


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Tuesday, July 4, 2017

WELCOME TO THE "INSURANCE LANDMINES" SERIES


Welcome

Over my 26 (and counting) years of insurance law practice, I have been asked the following three questions countless times, always in this order, always with increasing exasperation:

  1. Am I covered?
  2. Why not?
  3. Why do I even buy insurance?!

This Insurance Landmines Series is designed to answer these and closely related questions. The short answer, however, is that the insurance transaction, from the design of the policy to the end of the very last claim, is littered with what I call “Insurance Landmines.” In short, these are the devices—unexpected and unforeseen by the policyholder—by which insurers delay, diminish, or deny coverage that the policyholder thought existed.

As you will see below, most of these Insurance Landmines are deliberately inserted into the insurance transaction by the insurer. Whether a given landmine was inserted dishonestly in a given case is something you must judge for yourself.


Read more . . .





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