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Legal - Litigation - Claims
I serve as the Principal of Insurance Claims and Litigation Consultants, LLC, a firm that provides expert witness services and testimony on claims and lawsuits involving insurance coverage, bad faith, underwriting, agent-broker liability, regulatory issues and good faith claims handling practices. I also provide consultation and oversight of pre-suit and litigated coverage matters that potentially…
(From the Summer 2022 issue of CPCU INSIGHTS…)
On March 24, 2022, the Appellate Division of the Supreme Court of New York, First Department, issued a noteworthy ruling in Certain Underwriters at Lloyd’s, London, et al. v. NL Industries, Inc., 2022 NY Slip Op 02056. The case is noteworthy for a few reasons in terms of the interpretation of insurance coverage and issues…
R. MICHAEL STROMAN SUMMARY R. Michael Stroman has over 42 years of experience in the insurance industry. Currently serving as an industry consultant, he assists insurance purchasers, insurance companies and agents, and their attorneys, accountants, and other industry advisors, with agency management, claims consulting, underwriting practices, standard of care, and other technical assistance. Mr. Stroman…
Social media claims against individuals are increasing, yet insurance coverage
for individuals for such claims is rarely available unless the insured has a personal
injury endorsement to the standard homeowners policy or the insured has an
umbrella policy, or the rare company-specific insurer includes such coverage. This
suggests a market opportunity to provide this coverage. Underwriting this exposure
will likely require examining social media as a new rate factor. Obtaining relevant
information on this and showing predictive indicators is one challenge, particularly
where social media use liability might be correlated with other factors, including
other external data. Such factors will have to be approved by state insurance
regulators and shown to be reliable and not unfairly discriminatory. This will likely
open these factors to underwrite other coverages and policies, even if not approved
or reliable. Some social media use might actually be a business pursuit, thus
requiring this added coverage. A media liability policy crafted for the new exposure
might be more effective to provide coverage if underwriting the factors can be
regulated.
This article discusses some of the physical risks adjusters face in fieldwork and the emotional risks they face in an increasingly stressful claims arena. It offers tips and solutions for both adjusters and those who manage a claims team.
Brenda Powell Wells holds both a Bachelor of Business Administration and a Ph.D. in Risk Management and Insurance from the University of Georgia. She holds the Chartered Property and Casualty Underwriter (CPCU), Accredited Advisor of Insurance (AAI) and Construction Risk Insurance Specialist (CRIS) designations. She also holds a graduate certificate in Business Analytics from East…
Geographic Non-Competes fail most of the time they are challenged. Here’s why and how to solve the problem.