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I do not truly understand the rationale in suing the company adjuster in a lawsuit against the Insurance Company, since he has no independent duties apart from those of the Insurance Company. However, Directors and Officers of corporations owe fiduciary duties to corporate stockholders and to the Corporate business entity itself.
Corporate Counsel is not properly the attorney to specifically respond for the Insurance Company to a suit against the Insurance Company.
Jennifer Walker is the founding member of the Walker Law Firm, LLC. (Iowa), the Law Office of Jennifer Walker, LLC. (Georgia) and Walker Risk Consulting, LLC. (Iowa). Jennifer was admitted to the Georgia State Bar in 2014 after a 30 year career in the insurance industry. She was admitted to the Iowa State Bar in…
For plaintiff lawyers, discovering what reinsurance has been purchased will not get you directly into the pocket of the reinsurer, but it will give you insights into what the insurance company was thinking as it handled your client’s claim.
For many small to mid-sized companies there is the overriding element of misplaced trust in the broker and a gross misunderstanding of their own duties.
I have not figured out why reinsurance is not fully regulated, as is insurance. I have heard the logic that the parties to the contract are equally sophisticated, and therefor no regulation is necessary. The problem with that logic is that it assumes a premise that is false. Many of the parties do not have equal bargaining power; they are not equally qualified to enter into the transaction and there are no real arms length negotiations. Many small companies spend more on reinsurance each year then they could possibly receive from the sale of the building they occupy.
Charles E. Comiskey is President of RiskTech, Inc., Houston’s oldest risk management consulting firm and is Sr. V.P. of Brady Chapman Holland & Associates, one of the largest privately-held insurance brokerage firms in the U.S. Holding numerous professional designations in the fields of risk management, insurance and business continuity, Comiskey is a nationally recognized expert,…
Over the years, Al has been thoroughly immersed in all facets of insurance agency operations including serving on committees, instructing, consulting and as an author. Building a solid track record of performance assisting agencies and company operations including mergers, acquisitions, divestitures, perpetuation and strategic planning, organizational development, compensation and salary administration programs, administrative and financial…
I am a lawyer and leader proficient at crafting solutions to complex problems with substantial experience in law, reinsurance, management, insurance, compliance, risk management, underwriting, negotiations, claims, coverage analysis, and human resources, from the corporate and regulatory perspective. My formal education is a blend of administration, insurance, and law. I have a pragmatic mentoring style…
Mr. Johnston is a civil litigator concentrating his practice in insurance, consumer, personal injury and commercial litigation. He is licensed to practice in Texas and Oklahoma. Mr. Johnston is Board Certified in Consumer & Commercial Law (which includes Insurance Law) by the Texas Board of Legal Specialization. He is also Board Certified in Civil Trial…
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