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Law Articles

Carrier's Duty to Preserve Order of Criminal Restitution Tuesday, 01 November 2016 Many practitioners are unaware that they are not required to give up their right to court-ordered restitution from the criminal proceedings in order to receive the insurance proceeds from the policy covering the criminal defendant. READ MORE
Update on Insurance Carrier’s Duty to Initiate Settlement Discussions Friday, 01 July 2016 Federal court decisions support that there is a duty of an insurance carrier to initiate settlement negotiations once liability has become reasonably clear. READ MORE
Applying Common Fund to UIM Claims Friday, 01 April 2016 The Common Fund Doctrine should be applied in the uninsured motorist setting under the holdings of Lee v. State Farm and the other cases that have described and analyzed the purpose of the Common Fund Doctrine. READ MORE
Medical Payments Offsets And Reimbursement Rights Monday, 01 February 2016 The medpay offset reduces only the value of the insured’s total claim for UM/UIM benefits and not the actual UM/UIM coverage limits themselves. READ MORE
Insurer’s Duty Of Good Faith Continues After Litigation Commenced Friday, 01 January 2016 The implied covenant of good faith and fair dealing continues even after litigation has been initiated. READ MORE
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