Posted by Kai Bavin Apr 10, 2012 No Comments »
In January, we posted that Alabama may consider licensing public insurance adjusters, and while a bill has been proposed, it appears critics are trying to dissuade Alabama from licensing public adjusters.
According to the Insurance Journal article, “Alabama Seeks to License Public Adjusters,” Ragan Ingram, the Alabama Department of Insurance chief of staff, thinks the law is necessary because the department could then regulate and educate the adjusters.
Posted by Dakota Levey Apr 03, 2012 No Comments »
One of my greatest heroes growing up was a doctor. An E.R. doctor, to be precise. We went to the same church, and he was a very pious man. He was a great father, a great doctor, and a pillar of the community.
He was such a good man that I only ever heard him swear two times. The first time was during a high school football game (he was the head coach). Our team blew a 21-point lead in the second half and lost by a field goal at the very end.
The second time was when I said the words “malpractice lawsuit.”
“####, son,” he said. “Never
Posted by Noah Bardsley Apr 01, 2012 No Comments »
You cant turn the telly on these days without seeing an advert for tradesmans business insurance or commercial liability with all the big insurance comparison websites and direct insurance companies vying for attention at one dotcom or another.
Posted by Kai Bavin Mar 22, 2012 No Comments »
It was just last week that I discussed the importance of crop insurance to farmers still suffering from the effects of last year’s record drought. And wouldn’t you know it, while I was thumbing through the , I found an article which provides a closer look at how the drought affected Texas.
William Pack of the Houston Chronicle reported this past Saturday that crop insurance indemnity payments in Texas have set a record this past year with $2.5 billion in claims paid through March 12, 2012. The article notes that as time went on, yields got worse and worse and at least one livestock expert expects livestock and crop losses to get worse. Pac
Posted by Noah Bardsley Mar 21, 2012 No Comments »
In the past year, numerous courts have addressed whether various intellectual property claims were covered under the commercial general liability (“CGL”) policy. There is no question that Coverage B, the “personal and advertising injury” liability coverage of the CGL policy, covers some intellectual property claims. For example, the enumerated offenses set forth in the definition of “personal and advertising injury” include infringement of another’s copyright, trade dress, or slogan in the named insured’s “advertisement,” and use of another’s advertising idea in the named insured’s “advertisement.” Various intellectual property claims might also implicate coverage under the libel, slander, disparagement and violation of privacy offenses. I have set forth below a couple of recent decisions that address trademark infringement claims. I promise to provide an ongoing discussion of some of the recent cases addressing coverage for other intellectual property claims.
IP exclusions began to be used in Coverage B CGL policy forms in 2001. Among other intellectual property claims, the IP exclusion expressly excludes coverage for trademark infringement. The exclusion, however, has an exception for “infringing upon another’s trade dress, copyright or slogan in your [the named insured’s] “advertisement.” As a result, many policyholders have attempted to shoehorn trademark claims into one of the offenses set forth in the exception to the IP exclusion. This attempt was successful in Tower Ins. Co. v. Capurro Enters. Inc., No. C 11-03806 SI, 2011
Posted by Dakota Levey Mar 15, 2012 No Comments »
I know a thing or two about competition. I was sixteen, playing volleyball for my high school team. Things were pretty intense; the teams were neck-and-neck. The other team bumped, set and spiked!.right into my face. My face burned from a mixture of humiliation and pain and my ears rung, thankfully masking the sound of the other team’s fans cheering from the stands. I blinked, dazed, wondering if my face would appear permanently smashed after this experience. I was angry, but even though my team was losing and I had been injured, I never thought of retribution.
The same cannot be said for John Levi Miller, a former professional wrestler who is currently suing an old opponent for kicking him in the crotch hard enough to cause his testicles to rupture, resulting in one of them having to be removed. Ouch! And I thought I knew what being competitive was all about.
Tr
Posted by Kai Bavin Feb 26, 2012 No Comments »
Unlike physicists and philosophers, lawyers, adjusters and accountants don’t have the luxury of changing hard facts when measuring, evaluating and adjusting business income claims. Einstein’s universal approach, however, does not mean that facts (or data in this context) should be destroyed or created to fit a particular accounting theory, it rather means that the source of data should be curiously evaluated to come up with simple solutions to the most complex problems.
Business interruption claims can get complicated rather quickly when parties cannot agree on a methodology to measure the amount of the lost profits during the period of interruption. To
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