Dear Coverage Pointers Subscribers:
Thanks so much for the wonderful comments I received after last week's issue and the discussion on involvement in national defense organizations. We are all in this together and anything we can do to help improve our system of civil justice, assure a fair balance in the courtroom for all side and assure that our Seventh Amendment right to a civil jury trial is protected surely helps us all.
Once a month or so, we remind you that we will be delighted to provide your staff with training on any number of subjects that might be helpful, including:
- Primary and Excess Insurance - Rights & Responsibilities
- SUM Claims Handling
- Preventing Bad Faith Claims - First Party Cases
- Preventing Bad Faith Claims - Liability Cases
- Late Notice - How to Handle
- The Cooperation Clause - How to Handle
- NY Disclaimer Letter - Nuts & Bolts: How to Create and Write and Send a Disclaimer Letter, and How Not To. (The Reservation of Right Letter Myth)
- No- Fault Arbitrations and Appeals: Mock Arbitrations, Preserving the Record, Taking an Appeal
- No Fault Regs - Knowledge is Power
- An Auto Liability Policy Primer
- A CGL Policy Primer
- A Homeowners Liability Policy Primer
- EUO's Under First Party Policies
- How to Resolve Coverage Disputes: DJ Actions, Insurance Law Section 3420 Direct Actions (Choice, Strategy and Timing)
- Insured Selected Counsel: When is it Necessary and How to Avoid it?
- Mediation and the Role of the Mediator
- ADR and How to Get to "Yes".
- The Internet as a Tool for the Claims Representative
- Construction Cases - The Interplay Between Indemnity Agreements and Insurance Policies
- Other Insurance, Additional Insureds and Priority of Coverage
We've traveled far and wide this season providing in-house training and are delighted to work with you to craft a topic or topics that meet your particular needs.
The highlights of this week's issue:
· Defects in Title Not Excluded from Coverage in Title Policy
· Once Again, Insurer Fails to Prove Insured's Lack of Cooperation -- Carrier Must Demonstrate Diligence in Seeking Insured's Cooperation and Willful and Avowed Obstruction by the Insured
· Question of Fact Whether Injury during Training Was an Occurrence under the Policy; Insured's Delay in Giving Notice for Four Months - Based on his Belief that He Would Not be Sued - May (or May Not) Be Reasonable Excuse
· First Part Claim: "Settling and Cracking" and Negligent Work Exclusions Not a Bar to Coverage
· What is a "Private Passenger Auto?"
The Serious (Injury) Side of New York No-Fault
· Case Dismissed as Plaintiff Fails to Rebut Defendant's Expert Report or Explain Treatment Gap
· Nonconclusory Affidavits from Defendant's Experts Insufficient to Dismiss Case
· Unexplained Cessation of Treatment and No Finding of Disability by Plaintiff's Doctor Earns Dismissal for Defendant
· Causal Connection of Injuries to Accident by Plaintiff's Physician Were Speculative
· Defendant's Failure to Address Findings of Range of Motion Limitations Preserves Plaintiff's Claim
· Defendant Fails to Meet Burden When Defense Expert Concedes Range of Motion Limitations
Keep those cards, letters and emails coming in and remember, we're always here for you.
Dan D. Kohane