Alexa, Play Back My Conversation with the Insurance Company Adjuster

I was skimming my news feed this morning when I came upon an article from the technology media company Engadget titled, “Amazon refuses to hand over Alexa info for murder investigation.” The article highlighted a murder investigation where prosecutors had a judge issue a warrant to Amazon for recordings that occurred on the night in question that may aid the investigation against the prime (no Amazon pun intended) suspect. View Full Post
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Does a Partial Denial and Jury Demand Prohibit the Insurer from Proceeding with Appraisal?

It happens frequently: The insurance company admits the policy covered part of the loss but refuses payment at the time because the amount of the loss falls below the deductible. The insurer then admits the insured also suffered other damages to the property, but denies coverage for this damage for a variety of exclusions or limitations. View Full Post
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Health Savings Accounts Considerations for Employers

By | Benefits Law Advisor | February 24, 2017
The health savings account (“HSA”) has become, since its creation in 2003, an increasingly popular option for employers to subsidize employee group health costs. Employees with HSAs can save money, on a tax-free basis, for medical expenses that aren’t otherwise covered. The account’s interest earnings and distributions (for qualified medical expenses) are also tax-free. View Full Post
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Court Approves the Denial of Homeowners Claim for Failure to Cooperate with the Insurance Company During the Investigation

By | Oklahoma Insurance Law | February 24, 2017
Disappointment The decision to deny a valid homeowners claim for lack of cooperation is complicated. In Oklahoma, you really need an attorney. Not just any attorney, but one familiar with Oklahoma law. There is a balance the Courts strike in being fair to the insurance company and the homeowner. View Full Post
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Proof of Loss: Can an Insurer Deny Coverage and Later Argue the Claim is Barred Because the Insured Did Not Comply with the Proof of Loss Condition?

Insurers on occasion deny coverage or make claim decisions based on one ground, and then later, during litigation, seek to avoid liability based upon an entirely new defense theory. Although coverage decision letters regularly throw in boilerplate language seeking to avoid waiving coverage defenses, I was recently asked whether an insurer can deny coverage or refuse to pay additional policy benefits during the claim stage based on one ground, and then later, after litigation has commenced, seek to avoid coverage based on the insured’s alleged failure to fulfill the proof of loss condition. View Full Post
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A Close Look at Policy Wording is Essential to Ensure Coverage for Cyber Risks

By | It Pays to Be Covered | February 23, 2017
As the demand for insurance coverage for cyber-related losses continues to grow, more insurance companies are offering cyber insurance policies and endorsements, but the market is far from mature and the available policies far from complete. Insurers have not adopted a unified approach to cyber policies, nor do they offer identical coverages. View Full Post
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China: CIRC Issues New Measures for Compliance Management of Insurance Companies

By | Global Insurance Blog | February 23, 2017
China: CIRC Issues New Measures for Compliance Management of Insurance Companies On 4 January 2017 the China Insurance Regulatory Commission (“CIRC“) published on its website the final version of the Measures on the Compliance Management of Insurance Companies (the “Compliance Measures“), which will become effective on 1 July 2017. The Compliance Measures apply to insurance companies and insurance groups established in China, but also act as a reference for branches of foreign insurance companies, insurance asset management companies and other insurance organizations approved by and registered with CIRC. View Full Post
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Sole Proximate Cause in Illinois – the Journey Continues

By | GlobalTort | February 23, 2017
Sole Proximate Cause in Illinois – the Journey Continues The journey continues in Illinois on “sole proximate cause.” In Madison County, an ongoing trial presents contested issues regarding “sole proximate cause” in the context of asbestos litigation. The case is described in a February 15, 2017 article at Madison-St. Clair record. The journey also is ongoing in more general cases at the appellate level. View Full Post
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