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The record disclosed, therefore, no genuine dispute with respect to any material fact.The Ninth Circuit concluded that the district court correctly concluded that, as a matter of law, the “derivative claim exception” does not apply, and Scottsdale properly denied coverage under the policy pursuant to the “insured vs. In an exceptionally short, concise opinion, not typical of the Ninth Circuit, the clear and unambiguous insured vs.
The Ninth Circuit concluded that the insured’s suggestion was speculative and unsupported by the record.Scottsdale denied coverage, invoking the policy’s “insured vs.insured exclusion,” noting that because each of the plaintiffs had previously served on Sunrise’s board of directors, each was an “Insured” as defined in the policy.Zalma’s reports can be found on Tumbler at https:// on Facebook at https:// and you can follow him on Twitter at https://twitter.com/bzalma Legal Disclaimer: The author and publisher disclaim any liability, loss, or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this blog.The information provided is not a substitute for the advice of a competent insurance, legal, or other professional.The average adjuster (a 22-year-old female graduate of a liberal arts college) has little or no training sufficient to allow her to fulfill the obligations.
Some modern insurance companies simply hire a person to be an adjuster, provide no training, and send them out to deal with the public with only the assistance of a claims supervisor who may only have two years-experience.
He also serves as an arbitrator or mediator for insurance related disputes. Zalma is the first recipient of the first annual Claims Magazine/ACE Legend Award.
He practiced law in California for more than 44 years as an insurance coverage and claims handling lawyer and more than 50 years in the insurance business. Check in on Zalma’s Insurance 101 – a Videoblog – that allows your people to learn about insurance in three to four minute increments at Look to National Underwriter Company for the new Zalma Insurance Claims Library, at Library The new books are Insurance Law, Mold Claims Coverage Guide, Construction Defects Coverage Guide and Insurance Claims: A Comprehensive Guide The American Bar Association, Tort & Insurance Practice Section has published Mr.
Since most people would prefer not to be deposed by a claimant’s lawyer nor would they want to be cross-examined during a trial, it is the duty of the adjuster to explain to the insured the insured’s responsibility to assist in the defense of the eventual lawsuit and not let someone take advantage of the insured and the insured’s insurer.
The liability adjuster must be knowledgeable about the fact that many liability claims are part of fraudulent schemes that are used by the unscrupulous to profit from fake accidents and injuries.
Scottsdale argued that because a lawsuit cannot be instigated and continued totally independent of its named plaintiffs, the derivative exception would still not apply even if the named plaintiffs had a minimal role in conducting the litigation.