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7/18/2021· Insurance

One River - Two Currents: How The Standard Of Care And Day To Day Reality Differ

By: Frederick Fisher, JD, CCP

The article was consistent as to the general duties that have been decided throughout most of the United States. The article stated that the a duty of an insurance broker is generally limited. The general standard requires the agent / broker to use reasonable care and diligence to procure the coverage requested by client. Most courts have examined the scope of a broker obligations and have concluded that the duty does not include recommending specific types or limits of coverage.

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1/10/2021· Insurance

Arbitration and Insurance Litigation: Beware of Retrospective Premium Adjustments

By: Jane Downey, M.Ed, ARM

I have been retained as an Insurance Expert or Insurance Arbitrator to confirm the proper calculation of insurance premiums, based on actual exposures, completed by the insurer at audit. In the first case, a large Hotel bought out their partner and inherited a large Wrap-Up Program of Insurance.

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4/3/2020· Insurance

Coronavirus (COVID-19) and Workers Compensation Insurance

By: Edward Priz, CPCU, APA

One question being asked is whether COVID-19 infections could be the basis for Workers Compensation claims by workers who feel they likely contracted the virus through work. At the moment, the best answer appears to be that’s unlikely for many workers, possible for some, and subject to change depending on future actions by state legislatures.

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1/3/2019· Insurance

End-of-Life Issues & Impact of Loss on the Insured

By: Wayne Citron

For the first time, end-of-life issues and the impact of the loss on the insured is the topic. Most of my writings concern insurance in one form or another. I have discussed the many types of insurance, what to look for in each policy, what coverages are available. I've written about what to expect from an insurance company, an agent, or a broker.

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3/8/2018· Insurance

Do You need an Insurance Expert?

By: Wayne Citron

It's a daunting decision, whether or not you need to pay for an insurance expert when you have an insurance claim. Typically, you would just contact your broker to handle things. And while this might be the right and necessary decision, your broker represents the insurance company. That means they work for them, not you. If you're in a fender bender, then calling your broker or agent is most likely the best first step. The truth is that you may be able to handle the matter yourself. Once you make the call and file the claim, the insurance company's adjuster will come out, take note of the damage, assign a value and pay you. If your body shop disagrees with the claims adjuster, they can call the adjuster, file a subsequent claim, and handle the matter for you.

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12/8/2017· Insurance

What You, As a Personal Injury Victim, Should Know

By: Darryl Horowitt

Unfortunately, many of us at one time or another, will be a victim of an automobile accident which was simply not our fault. If you are injured, the law provides that you may be entitled to recover monetary damages for hospital expenses, medical treatment, prescriptions, lost wages, and other damages for pain and suffering. The amount of such damages differs based upon your injuries.

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8/28/2017· Insurance

The Expert Dilemma

By: Guy C. Hatfield

I have been active as an insurance agent/broker for 40 years. 20 years ago I was referred to an attorney by a fellow CPCU colleague to be a so called "expert". The case involved an agent who failed to provide workers compensation benefits to an ongoing commercial concern. I was hired by the plaintiff's attorney to opine on the conduct of the agent. Since this was a fundamental error on the part of the agent, the case was soon settled in favor of the plaintiff. This was my introduction to being an expert. I found I enjoyed the experience and it was a nice contrast to sales and insurance administration.

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4/28/2017· Insurance

Working With Expert Witnesses: Tips That Are Not In The Civil Rules

By: Frederick Fisher, JD, CCP, and Louie Castoria, Esq

Insurance defense attorneys inhabit a confusing world in which even the "routine case" may need an expert witness for trial or a consultant to help with an early evaluation for settlement purposes. The legal precedents, regulations, and such don't often say what the profession's standard of care in the community is in the exact situation.

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6/14/2016· Insurance

Life Insurance and Retirement - The Unvarnished Truth

By: Willard Brumbaugh

Having spent over 45 years in the life insurance business, I had become frustrated with the books that I had been reading that promote permanent life insurance in a manner that I considered exaggerated or flawed. I shared my frustration with several people who responded by challenging me to write a response that says what should have been said by these other authors.

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2/10/2016· Insurance

Insurance Issues For Business Owners

By: Darryl Horowitt

In a previous issue of Legal Brief, I discussed protecting yourself with adequate auto insurance. This is, perhaps, the insurance that is most commonly bought, because every driver is required to be covered by automobile liability insurance. But what about business owners? Should they buy insurance as well?

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