Shining a Light on Insurance Marketing Malpractice
Published in Montana Trial Lawyers Association, July 20, 2018
When there is not enough insurance to fully compensate an injured party, trial lawyers should examine why commercially available insurance wasn't in place. Learn how to identify compensable insurance marketing malpractice claims. Such a cause of action not only arises out of a first-party claim between an insured/client against a negligent insurance marketer but also on assignment from a tortfeasor for the benefit of a third-party claimant.
Shining a Light on Insurer Misconduct
Published in American Association for Justice, July 25, 2017
Reprinted, 53 Trial News 2 (Washington State Association for Justice, October, 2017) at 6-9; Reprinted, Advocate (Arizona Association for Justice, November/December, 2017) at 1.
A uniform law proposed by the National Association of Insurance Commissioners (NAIC) is currently working its way through state legislatures. The Corporate Governance Annual Disclosure Model Act would require American insurers to disclose a wide range of information relating to their governance, performance evaluation systems, compensation and incentive plans, Enterprise Risk Management ("ERM") plans and codes of ethics and conduct.
Insurance Marketer Malpractice
Published in Advocate (Arizona Association for Justice, May-June, 2012)
All too often insurance companies justify a claim denial based on an allegation that there is no coverage. On other occasions, it appears that coverage adequate to fairly compensate an injured party is not readily available. Lawyers for insurance consumers are forced to search the policy for conflicting language and ambiguities in an effort to find adequate coverage.
Insurance Producer Malpractice
Published in Advocate (Arizona Trial Lawyers Association, June 2006)
All too often insurance companies justify a claim denial based on an allegation that there is no coverage. On other occasions, it appears that coverage adequate to fairly compensate an injured party is not readily available. Lawyers for insurance consumers are forced to search the policy for conflicting language and ambiguities in an effort to find adequate coverage.
Comparative Bad Faith
Published in CPCU Society News (2002)
The tort of bad faith allows insureds and their privities to seek the recovery of extra contractual damages. In some cases, bad faith claim handling forms the basis for the recovery of punitive damages. In recent years insurers have advanced the idea that if the insured is also guilty of misconduct, the trier of fact should be allowed to compare the errant conduct of both the insurer and the insured and reduce bad faith damages assessed against the insurer on account of the insured's behavior.
Getting and Keeping Health Insurance
Published in Arizona Lawyer, March 1999
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) requires that insurance plans renewed after July 1, 1997 include guaranteed access and renewability. To comply with HIPAA guidelines, the major medical health insurance program endorsed by the State Bar of Arizona will be offering a 60 day open enrollment beginning March 1, 1999. Present law requires that all such plans offer limited open enrollment on an annual basis.
Funding National Health Insurance With 24 Hour Worker’s Compensation
Published in Federation of Regulatory Counsel, August 1993
It has recently been reported that the Clinton administration's national health care plan includes important elements of both workers' compensation and automobile insurance. The two systems pay more that $42 billion a year for injuries and illnesses resulting from workplace and traffic accidents. With the enormous political pressure the reduce the federal deficit coupled with the continuing national interest in a basic system of health care for all Americans, it should come as no surprise that the national leaders are intrigued with the prospect of integrating workers' compensation insurance into a national health insurance system.
Professional Liability Insurance Policies
Published in Arizona State Bar Journal, February 1979
All lawyers' professional liability policies have at least one thing in common. That is, they all list various exclusions from coverage. Knowledge of the exclusions contained in your professional liability insurance policy should, at least, influence you as to the types of legal work you do not perform.
The Variable Interest Note-An Answer to Uncertainty in a Fluctuating Money Market
Published in 1971 Arizona State University Law Journal 600
It has recently been urged that the variable interest note, having an interest rate that varies with the current value of money, can solve some of the problems of uncertainty that inhere in dealings in a fluctuating money market. This Comment examines the concept of the variable interest note, analyzes some of the legal and practical problems which may impede its full implementation, and concludes that, while there is some doubt about the negotiability of such an instrument, the only significant obstacle to its adoption may be the consumer unwillingness to give up the relative security of a fixed interest rate.