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Case Examples


AUTOMOBILE LIABILITY
INSURANCE CASE

 
The history of an insurance transaction can have a bearing on later litigation. In this case, for example, the agent’s errors occurred more than ten years prior to the loss that resulted in this litigation.
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BUILDERS RISK CASE
 

Property insurance policies, including builders risk, contain an exclusion for land. This case illustrates the need to amend the standard land exclusion in certain circumstances, as well as the application of Temporary Storage coverage and the use of a loss limit instead of insurance to value.
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EMPLOYMENT PRACTICES LIABILITY INSURANCE CASE
  The presenting allegations in a complex insurance case may be misleading. What appears to be the precipitating cause of an uninsured loss may, after an expert review and analysis, in fact be only coincidental, as this case illustrates.
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BROKER’S DUTIES WHEN REPORTING PROPERTY INSURANCE CLAIMS
  What duty does a broker owe a client? It will vary according to what the parties agree. It can be as simple as providing insurance that the client has ordered. In contrast, it can involve extensive services that are negotiated and agreed upon in writing. Whether the brokerage service is simple or involved, a standard of care will apply. This case illustrates how the standard of care comes into play in the reporting of a property loss.
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WORKERS'
COMPENSATION CASE
  The insurance issues in this case involved contractual liability and the calculations under a workers’ compensation dividend plan. This case also illustrates the value of conferring with an expert early on to identify the arcane insurance issues so that counsel can devise the best case strategy.
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