Monthly Archives: January 2016

Insurance 101 – Chapter 9 – Volume 1 – Investigation of Liability Claims

Investigation of Liability Claims Insurance is designed to indemnify an insured against contingent or unknown losses. Insurance makes no sense if it can be purchased after the loss has occurred. For example, in California, “Insurance is a contract whereby one … Continue reading

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Insurance 101 – Chapter 8 – Volume 100 – The Release of All Claims – 3

The Release of All Claims – 3 In Bogy v. Ford Motor Co., No. 06-60308 (5th Cir. 01/16/2008), the Fifth Circuit reached the opposite result applying the law of Mississippi. Bogy claimed that Ford had falsely testified in responses to … Continue reading

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Insurance 101 – Chapter 8 – Volume 99 – The Release of All Claims – 2

The Release of All Claims – 2 When the case was returned to the trial court, State Farm filed a motion for judgment on the pleadings. State Farm asserted the complaint did not state a claim upon which relief could … Continue reading

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Insurance 101 – Chapter 8 – Volume 98 – The Release of All Claims

The Release of All Claims A first party property insurer may not require a general release from an insured when paying a claim because the payment is one of contractual indemnity where the amount is certain. At most, the insurer … Continue reading

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Insurance 101 – Chapter 8 – Volume 97 – The Claim File

The Claim File In each investigation, the adjuster’s claim file should document the investigation in detail. It is a record of what the claims person did and how he or she performed the duties of an insurance adjuster. The following … Continue reading

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Insurance 101 – Chapter 8 – Volume 96 – Immunity of Appraisers

 Immunity of Appraisers In Lambert v. Carneghi, No. A113388 (Cal. App. Dist.1 01/11/2008), the California Court of Appeal found that since an appraisal is an arbitration under California law, the appraiser is immune from suit for actions in the appraisal. … Continue reading

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Insurance 101 – Chapter 8 – Volume 95 – Setting Aside Award – 2

Setting Aside Award – 2 The Arbitration Act requires proposed neutral arbitrators to disclose to opposing parties the existence of any potential grounds for disqualification. If a party objects to the proposed neutral arbitrator, California Civil Code section 1281.91 requires … Continue reading

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