Published Articles

“A Procedural Overview of the Appraisal Process in First-Party Property Policies”
“Appraisal Provisions in Property Policies”
“Balancing the Pressures by Consumers, Courts, Legislators and Regulators” How Public Policy is Impacting the Insurance Industry’s Response to COVID-19 Business Interruption Claims
“California Appellate Court Refuses Insurer’s Request to Consider the Application of Comparative Bad Faith”
“Claim Denied Following an Inadequate Fire Investigation and Insurer Accused of Defamation – The Perfect Storm”
“Comparative Bad Faith (Coming Soon to a Courthouse Near You)”
“The Coronavirus’ Impact on Business Interruption Coverage – Is ‘Direct Physical Loss’ Being Redefined?”
“Court Denies Insured’s’ Demand for a Confidentiality Agreement as a Condition Precedent to an EUO”
“Court Finds Multiple Recorded Statements of an Insured Do Not Substitute for an EUO”
“Court Finds that Insureds Lacked Insurable Interest Following Foreclosure”
“Court Rules that Insurer Cannot Exclude Public Adjuster from Insured’s EUO – “Insurers Respond with Updated Policy Terms”
“Court Stays Insured’s Bad Faith Suit and orders Appraisal of Hailstorm Damage Claim – “Insurer did not Waive its Right to Demand Appraisal”
“Court Voids an Insurer’s Intentional Loss Clause – “Fires Caused by Intentional Conduct are Covered if All Other Conditions are Met”
“Cosmetic Hail Damage to Insured’s Roof is Deemed a Covered Loss – Court Disagrees with the Concept of “No Harm No Foul”
“Coverage Issues Relating to the Rights of Mortgagees – “Economic Crisis Spawns Need to Clarify the Mortgage Clause”
“Diminution in Market Value of Repaired Vehicles: An Analysis of Property Coverage under the Personal Auto Policy”
“Discoverability of Insurance Company Claim Files”
“Effect of Rescission on a Mortgagee – To Pay or Not to Pay”
“Estoppel of the Right to Demand Proof of Loss”
“Evidence of a Low Impact Collision Does Not Equate to Evidence of an Exaggerated Injury”
“Evidence of Concealment and Misrepresentation Leads to Suit Dismissal
“Examination Under Oath: Not Just Another Deposition: An Analysis of an Insurer’s Right to Examine Its Insured Under Oath”
“Failure to Disclose Pending Lawsuit in a Bankruptcy Filing Causes Personal Injury Lawsuit to be dismissed – “Debtors have a continuing duty to disclose a legal claim while the bankruptcy case remains open.”
“False Swearing in a Proof of Loss “When does a Mistake Become a Misrepresentation”
Fire Department Official Allowed to Testify on Issues Regarding Origin and Cause -“Does a Fire Chief Meet the Qualifications of an Expert?
“Fraud and False Swearing: An Analysis of the Insurer’s Right to Avoid Coverage”
“Fraud in the Application for Insurance ‘Appellate Court Upholds Insurer’s Right to Rescind’”
“Illinois Supreme Court Broadens the Scope for Extra-Contractual Suits Against Insurers”
“Indiana Appellate Court Applies Innocent Insured Doctrine to Corporations”
“Information Sharing with Law Enforcement – Good Faith is Required”
“Innocent Insured Doctrine Creates Potential Loophole”
“Innocent Insured Doctrine ‘Still an Unsettled Area of Law”
“Innocent Corporate Insured Doctrine Reexamined”
Insurance Adjuster Can Be Held Personally Liable for Bad Faith and Violating the Consumer Protection Act – “There is a Duty of Good Faith on all Persons Involved in Insurance”
“Insurance Companies and Mortgage Companies: Friends or Foes?”
“Insurance Company Claim Files: Are They Discoverable? An Analysis of the Attorney-Client, Work-Product Privileges in Property Insurance Litigation”
“Insurance Company’s Rights of Recovery against Their Policyholders “Attorneys’ Fees and Costs Recoverable by Insurer when Insured Commit Fraud”
“Insurance Company’s Rights of Recovery against Their Policyholders – “Attorneys’ Fees and Costs Recoverable by Insurer when Insured Commit Fraud” – (Updated)
“Insurance Fraud Reporting and Immunity Laws – Limitations on the Disclosure of Information”
“Insurance Fraud Ring Investigations: Ripe Area for Defamation Suits”
“Insured Admits Fraud in the Presentment of his Claim: Insurer Still Owes Duty to Third-Party”
“Insured Files Underinsured Motorist Claim with Insurer and Simultaneously Submits Case to the American Arbitration Association “Court Holds that Arbitration Rules Do Not Supersede the Policy Terms”
Insured Refuses Fire Department’s Request for a Polygraph Exam – Evidence of Refusal Inadmissible to Support Insurer’s Defense of Bad Faith Claim
Insured Suspected of Arson Fails to Produce Cell Phone Claiming it’s “Lost” – Insurer Argues Spoliation of Evidence and Seeks Dismissal of Suit
“Insured’s Exaggeration of Damages in Proof of Loss Causes Policy to be Voided ‘World’s Best Dressed Man Loses Suit”
“Insured’s Failure to Disclose his Ownership of Home in Bankruptcy Petition causes Estoppel of his Right to Obtain Coverage for Fire Loss”
“Insured’s Initial Lie Followed by a Confession of Truth is an Insufficient Basis for Denial by Insurer”
“Insurer Files Suit Against Public Adjuster – “Does an Insurer Have Standing to Sue a PA for Failing to act in Good Faith?”
“Insurer Has the Right to Demand a Second EUO of Its Insured – Compliance is Not Optional”

“Insurer Learns the Truth Before the Insured Misrepresents the Facts – Does a Coverage Defense on the Basis of Fraud Still Exist”
“Insurer Not Required to Reimburse Health Care Provider”
“Insurer’s Alleged Failure to “Meaningfully Communicate” with its Non-English Speaking Insured Supports a Bad Faith Claim”
“Insurer’s Conduct After a Claim is Denied Leads to Charges of Bad Faith”
“Insurer’s Post-Litigation Conduct Leads to Charge of Bad Faith ‘The Remnants of Hurricane Katrina’”
“Is There a Statute of Limitations on Bad Faith? Or, Does the Policy of Insurance Control?”
“Judicial Estoppel – Examination of the Insurer’s Right to Assert a Coverage Defense”
“Kansas Court of Appeals Finds Waiver of Right to Assert Counterclaim of Fraud Against Insured”
“Late Payment Results in Suit Alleging Bad Faith Delay – Eighteen Month Delay in Issuing Claim Payment was not Unreasonable”
Litigating the Declaratory Judgment Action – “From a First-Party and Good Faith Perspective”
“Long Investigations Do Not Equate (Necessarily) to Bad Faith Delay”
“Louisiana Appellate Court Limits Insurer’s Rights to Demand an Independent Medical Exam and Criticizes Insurer’s Physician”
“Managing Crisis: The COVID-19 Pandemic and an Insurer’s Duty of Good Faith”
“Misrepresentations and Concealments in the Application for Insurance: An Analysis of the Insurer’s Right to Rescind”
“Mortgage Company Fails to Disclose Foreclosure Proceedings to Insurer – Economic Conditions May Cause Increase in Rate Evasion”
“Named Insureds’ Relatives Refuse to Submit to an Examination Under Oath – U.S. Court of Appeals Upholds the Insurer’s Claim Denial”
“No Blanket Rule Protecting the Discovery of Attorney’s Investigative Reports”
“Opinion of Fire Origin and Cause Expert Stricken “Fire Labeled as ‘Suspicious’ is Inconsistent with NFPA 921 Principles”
“Payment of Claim Doesn’t Equate to Waiver of a Fraud Defense: “Rights Were Properly Reserved”
“Pennsylvania Court Orders Deposition of Insurer’s Attorney – Claim of Attorney-Client and Work-Product Privileges Denied”
“Policyholder Demands the Production of Insurer’s Prior Claim Denials, Insurance Department Complaints, and Coverage Attorney’s Deposition – “When is Enough Discovery Enough?”
“Public Adjusters: Loss Payees or Assignees” An Analysis of Their Right to Recover Bad Faith Damages Against an Insurer”
“Punitive Damages: The Latest Trends and Theories” –
“Rescission Based Upon Fraud in the Application of Insurance: Not Appropriate if Injured Third-Party Exists”
“Rise in Foreclosures + an Increase in Mortgage Fraud = More Homeowner Fires -‘Insurance Coverage Issues Arising Out of the Mortgage Crisis’”
“Son with Insured’s Power of Attorney Not Obligated to Submit to EUO”
“State Courts Disagree on the Application of the Innocent Insured Doctrine”
“State Reporting Law Does Not Make Insurance Investigators ‘Agents’ of the State”
“State Supreme Court Rules that Insurer is Not Required to Prove “Motive” in an “Intentional Acts” (Arson) Coverage Defense”
“Supplemental Claims Disputes”
“Suspect Water Losses – What Does it Take to Prove Fraud?”
“Technology’s Impact on Business Interruption Coverage – Data Breaches, Protests, and Power Outages”
“The Florida Court of Appeals Analyzes Daubert”
“The Right of Subrogation by an Insurer against its Insured and the Impact of Recent Legislation”
“The Use and Abuse of Public Insurance Adjusters – Examining the Scope of their Authority”
“Waiving the Right to Demand Proof of Loss”
“When an Insured Becomes a Victim of Fraud, Should Theft Coverage Apply”
“When an Insured’s Claim Lacks Credibility”