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12/21/2002· Insurance Coverage Analysis

To Rescind Or Not To Rescind?

By: Akos Swierkiewicz, CPCU

An insurer may rescind its policy in the event of material misrepresentation or concealment of a fact by the insured. Misrepresentation is false statement of a fact by the insured

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8/19/2004· Underwriting

All Should Use Greater Care Handling Underwriting Information

By: Akos Swierkiewicz, CPCU

One of the tenets of insurance law is that parties to an insurance policy are expected to deal with each other in utmost good faith. Applicants for insurance or their brokers must disclose all relevant underwriting information fully and accurately to prospective insurers

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12/15/2005· Insurance Coverage Analysis

The World Trade Center Property Insurance Trial: Lessons Learned?

By: Akos Swierkiewicz, CPCU

Had the tragic events on 9/11/01 not occurred, we would have never learned about negligence, mistakes, errors and omissions, inconsistencies, and confusion that plagued the placement and negotiation of the property insurance program for the WTC and brought to light during the WTC trial

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1/23/2012· Insurance

Using an Expert Witness: Tips to Maximize Their Value

By: Burl Daniel, CPCU, CIC, CRM

Insurance attorneys are busy people! No two cases are the same! Attorneys face weekly court filings, deposition schedules, and courthouse deadlines. Not to mention phone calls and counseling clients on a daily basis.

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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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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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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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7/10/2015· Insurance

An Unregulated Workers Compensation Insurance Market Poses Problems

By: Edward Priz, CPCU, APA

Recently, a former Director of the Illinois Department of Insurance wrote an Op-Ed piece, decrying recently proposed legislation that would require insurers to file changes in Workers Compensation insurance rates with regulators before using those rates with insurers. The proposed legislation would also allow the Department of Insurance to disapprove rates if it was determined they were excessive.

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8/20/2015· Insurance

Experience Modifiers: A Flawed Benchmark For Safety

By: Edward Priz, CPCU, APA

A growing trend for many businesses has been for their customers and prospects to use their experience modification factor as a safety benchmark, requiring a modifier of 1.00 or 1.05 for those bidding on projects. A higher modifier can disqualify a firm from bidding on many projects, particularly governmental projects.

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11/11/2015· Insurance

Workers Comp Shock Audits: 5 Common Causes

By: Edward Priz, CPCU, APA

Employers generally realize that the initial premium they pay for Workers Compensation insurance isn't the final premium for that coverage-Workers Comp is normally subject to an audit after the policy ends, to adjust premium charges based on actual payroll amounts. When the policy starts, after all, payroll amounts can only be estimated for the coming year. So it's routine for employers of any size to undergo a Workers Compensation premium audit, and to receive an audit statement that often seeks some additional premium.

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