Posts by Clint Scott
Circuit Court Rules Travelers Must Cover Email Fraud Loss
On July 13, the Sixth Circuit reversed a lower court’s decision and ruled that Travelers insurance company must cover the losses incurred by a tool manufacturer, after they lost more than $800,000 to theft. In a unanimous opinion, a panel of the appellate court flipped U.S. District Judge John Corbett O’Meara’s decision, and ruled that…
Read MoreAppellate Court Revives Plane Crash Lawsuit
On July 17, a Texas appellate court partially revived a lawsuit between Kenyon International Emergency Services Inc. and Starr Indemnity and Liability Company. Although a trial court judge granted an early victory to Starr in May of 2017, the appellate panel overruled that decision, stating there’s a factual issue as to whether Starr must cover…
Read MoreFederal Judge Holds Up “Earth Movement” Insurance Policy Exclusion
On March 16, 2018, an Illinois federal judge ruled that an “earth movement” exclusion in a commercial building’s insurance policy allowed Acuity Mutual Insurance Company to avoid paying the repair costs for damages to its Insureds’ building. What was this insurance case about? Back in August 2013, SSV and Temperature Service performed excavation around their…
Read MoreJudge Sides with Insurance Company in Dispute Over Grace Period
A Pennsylvania federal judge ruled on March 9, 2018 that Cincinnati Insurance Company didn’t have to pay out more than $100,000 to its policyholder Wescott Electric Co. regarding a multi-million-dollar theft. U.S. District Judge Gene Pratter pointed out that Wescott should have been aware of the discontinuation of grace periods for claims reporting in their…
Read MoreThe 2017 California Devastation and the Insurance Claim Fight
California suffered the most devastating series of wildfires in its history during 2017. The losses are sobering in terms of human life and property loss. Regarding the latter, home and business owners who have incurred losses may be up for some challenges when it comes to obtaining a satisfactory insurance claim result. As of mid-December,…
Read MoreFire Insurance Claims – What to Do Before and After Your Loss
In order to ensure you are adequately protected in the wake of significant fire damage to your home or property, it is essential first and foremost to buy and maintain property insurance. Make sure that your policy provides protection for your various assets and that the coverage amounts are sufficient. Secondly, be sure to keep…
Read MoreWhy You Have to Give an Examination Under Oath (EUO)
Insureds, or policyholders, get letters generally from an insurance company requesting that an examination under oath be taken. An insured has to appear for the examination under oath. There’s a cooperation clause contained within almost every policy of insurance that requires an insured, as part of his obligations under the policy, to cooperate in the…
Read MoreWhat Is Contents Coverage?
Contents coverage is found in both homeowners’ policies and commercial policies. In a commercial policy it’d be called business personal property. In a homeowner’s, claim we would simply call it contents or personal property. That is the items that the insured owns, that are not attached to the real estate, for which there’s a separate…
Read MoreDocument Production for an Examination Under Oath (EUO)
The documentation related to an examination under oath is going to be set out in the letter from the insurance company’s attorney, on what they want you to bring. That information can go as far as bank records, credit card statements, cell phone records, utility bills, tax returns. The first thing that an insured says…
Read MoreWhat Are Insurance Examinations Under Oath?
An examination under oath is a formal proceeding that insurance companies use to investigate an insured’s claim. The insured should review any request for an examination under oath (EUO) with an experienced Tennessee insurance lawyer, because the insurance company will often try to use the EUO to deny a claim, reduce the amount that should…
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