Although the below case pertains to an insurance matter in California, it deals centrally with the issue of "materiality," which can rise to a level of importance in some disputes regardless of where they occur.
Auto insurers know that the list of potential reasons for a claim is lengthy and varies from state to state. A ruling by the Michigan Supreme Court could soon make that claims list longer nationwide. If a person is injured in a car accident, they may be able to seek recovery through an insurance claim, but what if a person is injured simply while reaching into their vehicle?
Hacking, a proliferation in so-called "lateral hiring," complex business transactions, confusion and disagreement surrounding estate administration matters -- these and a few additional matters spell significant concerns for insurance companies in Colorado and nationally that provide risk coverage for attorneys and law firms through legal malpractice policies.
From the perspective of many reputable insurance companies in Colorado and nationally that routinely seek to timely and fully hold up their end of the bargain regarding an insured's claim, it sometimes seems that they face an extra-contractual challenge when responding to a payment demand.
This much is undisputed: In June 2014, comedian Tracy Morgan and three other passengers riding in a limousine were rear-ended by a tractor-trailer rig. One passenger died. Another had a compound leg fracture. And, as noted in one recent media recounting of the crash, "Morgan suffered a brain injury and broke his leg and ribs."
Notwithstanding a national insurer's firm view that the merits are on its side in a dispute with a policyholder, litigation involving the firm's alleged bad-faith behavior in underpaying a claim will continue to go forward.
As we have duly noted many times in prior select posts, insurance-related litigation can be exceedingly nuanced and complex, often focusing on technical language, differing interpretations of "what happened" in a matter, the actual causes underlying or triggering an event under a policy and additional considerations.
That above-posed blog headline cuts straight to the chase concerning subject matter that often takes center stage in contractual disputes between policyholders and insurance companies in Colorado and elsewhere across the country.
What if you're enticed by Frito-Lay's "Betcha Can't Eat Just One" challenge regarding its potato chips, and you actually command sufficient restraint to turn down that second chip?
A national online real estate listing firm was recently schooled in rather expensive fashion as to the merits of being duly proactive in taking care of business in an insurance claim.