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HTMLPublic Adjusters Do Not Have Free Pass To The Stand
Tyler McGuire, Shannon M. O'Malley; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 9, 2015, previously published by Texas Law360 on August 5, 2014
In Falcon v. State Farm Lloyds, the Western District of Texas reminded litigants that licensed public adjusters are not immune from expert witness qualification requirements. Namely, a public adjuster’s license does not automatically qualify the public adjuster as an expert on insurance bad...

 

HTMLInsurance In Brazil: A Reinsurance Perspective
Jason Reeves, Jose Umbert; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 9, 2015, previously published by Insurance Law360 on August 14, 2014
Brazil, the largest South American economy, has been an important market for international insurers and reinsurers for many years. At the same time, Brazil presents major property risks for underwriters. Companies covering first-party risks in the country, and particularly international reinsurers...

 

HTMLInsurers Be Warned, Your Communications Are Discoverable
Elizabeth V. Kniffen; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 9, 2015, previously published by Insurance Law360 on August 4, 2014
Insurers and reinsurers regularly communicate regarding matters they view as confidential. These communications often relate to claims, both routine and litigated, by the underlying insureds. Insureds, in turn, seek discovery of these communications when claims become contentious and litigated....

 

HTMLCalif. Offers Regulation As Solution To Underinsurance
Kristin Suga Heres; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 9, 2015, previously published by Insurance Law360 on June 25, 2014
A wildfire ravages a community. A family’s home is among those destroyed. It is a total loss. The homeowners are eager to rebuild and turn to their homeowners’ policy. Having purchased coverage on a “replacement-cost” basis, they assume they are protected. They soon...

 

HTMLPrimer On Underwriting Insurance Risks In Argentina
Martin Arganaraz, Jason Reeves, Jose Umbert; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 9, 2015, previously published by Insurance Law360 on June 19, 2014
Latin America presents excellent opportunities for the global (re)insurance industry. But, there are a number of important considerations for insurance and reinsurance companies underwriting risks in the region. This article addresses some critical issues relating to underwriting first-party...

 

HTMLFact Witnesses As Experts: Westerhof v Gee Estate, 2015 ONCA 206
Ewa Krajewska; Borden Ladner Gervais LLP;
Legal Form
April 9, 2015, previously published on April 3, 2015
In Westerhof v Gee Estate, the Ontario Court of Appeal decided that participant experts and non-party experts may give opinion evidence without complying with Rule 53.03. In other words, a fact witness who is considered an expert may give opinion evidence without filing an expert report or...

 

HTMLWhy Texas Insurers Need To Report Fraudulent Hail Claims
G. Brian Odom; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 9, 2015, previously published by Texas Law360 on July 8, 2014
In Amarillo, Texas, with clipboard, camera and marking chalk in hand, a seasoned insurance company adjuster climbs his ladder onto the roof of an apartment building. He’s looking for hail damage following a recent hailstorm in the area. Examining the composition shingles, he initially notes...

 

HTMLDistrict Court Figures Out What The Hail Is Going On
Brett A. Wallingford; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 9, 2015, previously published by Texas Law360 on July 17, 2014
Seeing a significant increase in the number of hail damage lawsuits in her courtroom, it appears Judge Jane Boyle of the United States District Court for the Northern District of Texas has figured out "What the Hail is Going On." And she’s taking strong action in response to such...

 

HTMLThe Perilous 'Superperil' Ruling In NJ Storm Surge Case
Thomas H. Cook; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 9, 2015, previously published by Insurance Law360 on April 2, 2015
The Superior Court of New Jersey, Essex County's ruling in Public Service Enterprise Group Inc. v. Ace American Insurance Co. on March 23 follows a line of thought advanced by many policyholder lawyers that including a definition of “Named Windstorm” in a property policy —...

 

HTMLTexas' Progressive Claim Syndrome Is Treatable
Lindsey Bruning; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 8, 2015, previously published by Texas Law360 on August 22, 2014
A case recently considered by Texas' Thirteenth Court of Appeals illustrates a fact pattern becoming all too familiar in Texas first-party property insurance claims. The story goes something like this. Insured submits claim Insurer begins investigation and estimates covered damage Insured...

 


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