Insurance law falls into three major categories. First, the insurance company will hire lawyers to represent the insured in case they are sued for something related to their insurance contract. These are known as “insurance defense attorneys.” The second category of insurance law helps insured people determine when an insurance company must pay a claim. Third, insurance companies typically hire attorneys to make sure the company complies with all applicable laws and regulations, which can vary by state.
Topics: Coverage disputes, insurance bad faith, cases, news, perspectives, and practices.
Dog Bite Insurance
THREE BITES AND COVERAGES(?) Michael Sean Quinn* Suppose the large dog, Ruffian, belonging to A bit B three times in A's front yard, where A and B were having a hostile but peaceful conversation. In other words, the two disagreed and argued their cases. Here are the...
INSURANCE CONTRACT/POLICY INTERPRETATION AND AMBIGUITY
HOW TO READ, THINK, AND STRUCTURE Michael Sean Quinn* Sometimes there are brief and succinct formulations of the la> such that if L grasps it deeply--down into the lawyer-component of his inner being, s/he will understand the legal situation and know what needs to...
“”LOSS-OF-USE” DAMAGES, A SLAVE NAMED “BEN,” AND TEXAS LEGAL HISTORY
DAMAGES INFLICTED AND THE RIGHT TO COMPENSATION Michael Sean Quinn* Traditionally, in the common law the damages one was entitled to for the loss of a tangible object was the value of the object at the time of its loss. The most traditional of all causes of...
Damages for Total Destruction of Tangible Personal Property
PHYSICAL DAMAGE TO CHATTELS TODAY AND THE "LOSS OF USE" DOCTRINE Michael Sean Quinn** For several centuries damages for loss of use of chattels, e.g., horses and/or slaves and/or other movable (i.e., personal) property could be awarded by courts to...
THE “LATE-NOTICE-FORBIDDEN” CLAUSES
LATE NOTICE AND COVERAGE Michael Sean Quinn** Insurance policies, aka contracts of insurance, uniformly contain clauses requiring insureds seeking coverage notify the relevant insurer of their perceived injury "promptly," "as soon as practicable," (whatever that...
TEXAS: AMBIGUITY AND INTERPRETING CONTRACTS OF INSURANCE
Ambiguity and Reasonable Use Michael Sean Quinn* As everyone knows, if and only if the language of a contract, including that of an insurance policy, is ambiguous, it is construed against the party that drafted the contract. Almost invariably, in contracts...
CAN DEFENDING LIABILITY INSURER SUE DEFENSE COUNSEL–YES OR NO?
LEGAL MALPRACTICE & THE LIABILITY INSURANCE INDUSTRY: AN INTRODUCTION WITH A FOCUS UPON TEXAS Michael Sean Quinn* The reader will notice that there are random changes between double spacing and single spacing and more. My computer system is entirely...
EXPERT REPORTS
The Nature of Forensic Expert Reports Michael Sean Quinn* www.michaelseanquinn.com The word "forensic" in this context simply means, "some how involved in litigation." This concept--or these concepts--apply to insurance litigation just as it does not all litigation....
INSURANCE ADJUSTING — THREE AXIOMS OF SOUND CLAIMS HANDLING PRACTICE
PRINCIPLES TO REMEMBER Michael Sean Quinn* www.michaelseanquinn.com Here are some of the applicable standards of care, when it comes to insurance adjusting. Policyholder should study them; they are quite malleable, within the range of the reasonable. Insurers already...
Lusitania Salvage — Continuing Litigation Part XIII
SECOND LUSITANIA BEMIS SALVAGE CASE—Part XIII Michael Sean Quinn* www.michaelseanquinn.com The first of the Bemis-Salvage cases was an English case in the Court of the Queen’s Bench Division. In...
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