In the current issue of Zalma's Insurance Fraud Letter I report on the following convictions for insurance fraud. Rare as they are the punishments for the same crime range wildly. Review these convictions and then do something to convince your legislat ...

Even as briefing has begun before the Massachusetts Supreme Judicial Court with respect to the issue of allocation, Vermont has joined the growing number of Northeastern states adopting a “time on the risk” approach in long-tail cases.
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If your company ever faces claims that go back a number of years or even decades, as often is the case with latent injury claims, your company may have old insurance policies that provide coverage for such claims. But those old policies probably are no ...

The Pollution Exclusion is the Law & Order of coverage issues. One of the spin-offs in this long-running coverage drama is its applicability to D&O claims. The latest episode came yesterday from the New Jersey Appellate Division. In ...

In State of Louisiana, ex rel, James D. Caldwell v. Allstate Ins. Co ., ___ F.3d ___, 2008 U.S. App. LEXIS 15275, No. 08-30465 (5th Cir. July 18, 2008), the Fifth Circuit considered the reach of removal under the < ...

If you represent policyholders, you’ve heard it countless times from opposing counsel: reserves information is not relevant, and it won’t be produced. And if you represent insurance companies in coverage disputes, you’ve probably repe ...

It’s hard to believe that the men and women that make up the combined might of the United States Armed Forces need to be protected from unscrupulous sales practices. But it makes sense, in a way. After all, the agents and producers who would stoo ...

In California there is much publicity for what the plaintiffs' bar calls "post loss underwriting" as a pejorative way of speaking of the equitable remedy of rescission. Post loss underwriting does not exist. Underwriting is a decision making ...

A lot of attention has been given to the late notice defense … lately. New York’s governor just signed a bill and the high courts of New York and Texas are expected to issue decisions on notice issues.  With the signi ...

Kumar v. American Transit Insurance Co ., 49 A.D.3d 1353 (2008), bears on two interesting subjects: ability of insurers to sue defense counsel for botching the defense of their insureds and whether the insurer is a co-client of the defense coun ...

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Here are some reports of convictions for insurance fraud from the soon to be published Zalma''s Insurance Fraud Letter : Deputy Insurance Superintendent Sentenced to Four Years for F ...

Responding to a reinsurer’s cross-motion to confirm an arbitration award, a reinsured party to certain retrocessional reinsurance contracts agreed with the request for confirmation but noted that it does not waive its right to ha ...

The NAIC has been under fire lately for acting like a Star Chamber of sorts.  A recent A.M. Best article (see link below) claims that the industry is pointing it's collective finger at the NAIC for devolving into a "secretive cabal out to hoard ...

California Insurance Commissioner Steve Poizner on July 8 adopted a chief administrative law judge's July 3 order approving a 28.5 percent rate decrease for Allstate Insurance Co. and Allstate Indemnity Co.'s  homeowners multiple-peril line o ...