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.
COVERAGE FOR ODD-BALL PROFESSIONAL MALPRACTICE
DUTY TO DEFEND FOR PAIR OF AU PAIR COMPANIES Michael Sean Quinn, Ph.D., J.D., Etc. Three companies supplied au pairs to customers in Colorado, and perhaps elsewhere. Allegedly they were not paying those participating in their program enough through...
TEXAS INSURANCE BAD FAITH: THE FIRST MENCHACA OPINION–THE ONE THAT GOT REHEARD
STATUTORY INSURANCE BAD FAITH IN TEXAS: PROVISIONS, COVERAGE & CIVIL PROCEDURE-- PHASE ONE Michael Sean Quinn, Ph.D., J.D., C.P.C.U, Etc. Insurance bad faith is very exciting in Texas. Whether in its common law version or in its statutory version, it is not a...
Principles of Lawyering for Insurance Lawyers
ELEVEN COMMANDMENTS OF LEGAL ETHICS Michael Sean Quinn, Ph.D, J.D., Etc.* The list of universal principles of legal ethics below is intended to be simplistic, but quick and helpful guides. It works for all sorts of lawyers. If they are followed religiously and if...
CYBER INSURANCE POLICIES
LARGER CURRENTS AFFECTING COVERAGE LAWYERING[1] Michael Sean Quinn, Ph.D., J.D., C.P.C.U. There are now broad and deep shifts going on in the waters of insurance law practicing. They are jolting. These heavy flood-like flows are principally generated by the...
AMERICAN HOME SHIELD TV AD
FALSE! FRAUDULENT? Michael Sean Quinn* American Home Shield advertises a home warranty by beginning with a satirical skit where a person goes to a claims adjuster seeking coverage for his malfunctioning air conditional and is told that there no coverage for his...
TRUTH, PREVARICATION AND UNTRUTHFULNESS: THOUGHTS UPON A DEPOSITION
TRUTHS, LIES AND UNTRUTHFULNESS Michael Sean Quinn* In a deposition not long ago, I was asked whether I though an insurance company defending an insured had a duty to be truthful with the...
LAW PRACTICE IN THE REALLY MODERN (BUT NOT POST-MODERN) WORLD
CLIENTS AS CUSTOMERS Michael Sean Quinn* For centuries lawyers have regarded themselves as a learned profession. Both characteristics are apt. What lawyer tried to avoid doing and saying is that they are also sellers of a service product. They are merchants; they...
SILLIEST INSURANCE COVERAGE CASE EVER + LEGAL FEES
Duty to Defend v. Duty to Pay for Defense This insurance case is styled Coreslab Structures (Texas), Inc. v. Scottsdale Insurance Company, Cause No. 14-14-00865-CV (Houston--14th Court of Appeals. Opinion Filed July 28, 2016). The underlying case--the one which gave...
BIRD DEFECATION COVERAGE
FLYING DUNG INSURANCE? In Arizona, the owner of a condo sued the association and the management company for failing to clean up after the birds that defecated on her property. The liability insurance for the association and/or the management firm denied coverage, and...
DEPOSITIONAL DISCOVERY IN INSURANCE LITIGATION
FUNDAMENTAL PRINCIPLES OF INSURANCE CLAIM HANDLING/ADJUSTING/EXAMINING Michael Sean Quinn* To a considerable degree, if not almost universally among knowledgeable and reasonable insurance companies, the principles on the following are deeply part the intra-regulation...
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