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.
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...
Legal Ethics, Lawyer Retentions and Insurance Underwriting
An Explosive Texas Supreme Court Decision This piece is ultimately about insurance underwriting for legal malpractice insurance. It begins, however, with a very unusual Texas Supreme Court decision, and a series of hypothetical paradigms based upon that case. The case...
INSURANCE AND CONTAINERIZED SHIPPING–SOME HISTORY
These are mostly book reviews I wrote a decade ago, or so, and published in some obscure journal. Maybe they might be of some interest to a select few. CARGOS, CONTAINERS, COMPUTERS, and INSURANCE Michael Sean Quinn* Marc Levinson, The Box: How the Shipping...
VERDICALLY ORGANIZED MJ (aka “WEED”) MERCHANTS AND SOME PROBLEMS OF INSURANCE
THE MARIJUANA BUSINESS AND THE BUSINESS OF INSURANCE Michael Sean Quinn* There was a wildfire. It spread and progressed until it finally did damage to the building and inventory of a Colorado weed biz--oops: "medical marijuana" production and retail business. It had a...
INSURANCE ADJUSTERS AND LOCAL COURT RULES
Local Court Rules: Know and Uniformly Obey Them Michael Sean Quinn* In my experience lawyers, including litigating lawyers, do not take seriously the local rules of court. This is a bad idea. In one recent case, for example, two lawyer from large prestige law...
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