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Civil Litigation Insurance Law Legal Topics

Don’t Analyze Coverage Until You Have the Entire Insurance Policy

Whenever you think that an insurance policy may cover a claim or cause of action, the first step is to get complete copies of any potentially applicable policies. Never attempt to analyze coverage without a copy of the entire policy; an incomplete copy may lead you to reach an improper conclusion on coverage. Use this checklist to be sure that you have the entire policy.

Categories
Checklists Insurance Law

Checklist for Replacing Destroyed Documents After a Disaster

When a client’s home has been destroyed by a fire or other disaster, the loss can be overwhelming. Although there will be much to replace, they may not think of the important documents and records. Here’s a handy checklist to help those affected by disaster remember what they lost and get the replacements they need.

Categories
Civil Litigation Discovery Insurance Law Legal Topics

Are Insurance Agreements Discoverable?

The existence of insurance is often key to a lawsuit and one of the first orders of business in discovery. There are statutory provisions allowing for discovery of the existence and contents of insurance agreements—as well as limits on it.

Categories
Business Law Insurance Law Real Property Law

Should Your Client Consider E-Commerce or Cyber Liability Insurance?

Given the increasingly digital landscape ThinkstockPhotos-473158926
of today’s economy, the most valuable asset for many businesses is their computer data. According to a 2015 study, the average cost of a data breach for small businesses is about $38,000 in hard costs and can total upwards of $55,000. Yet many businesses opt only for traditional property insurance policies. This could be a big problem for your client’s small business.

Categories
Estate Planning Insurance Law Legal Topics Real Property Law

Dead Man “Kwoking”: Estate Planning Property Transfers Can Trigger Title Insurance Nightmares

475902405Estate planning attorneys regularly advise their clients about the tax and other advantages of transferring real property to revocable trusts or similar estate planning vehicles. But they may not consider the potentially disastrous title insurance implications of such transfers. The original property owners may have had coverage under their policy, but—depending on the type of policy—once the property is transferred to the estate planning entity, the entity (i.e. trustee of the trust) isn’t the “insured” anymore and coverage could be lost.

Categories
Business Law Insurance Law Legal Topics New Lawyers Real Property Law Tort Law

Analyzing Insurance Policies Step by Step

wind_dv118085If nothing else, recent natural disasters have shown us the importance of carefully reading insurance policies before we buy them. But many people won’t do that, so that leaves it to attorneys to figure out coverage after disaster strikes. Attorneys faced with this task need an organized approach to determining whether coverage exists.

Categories
Insurance Law Legal Topics Real Property Law

Dispelling Some Misconceptions About Title Insurance

Sure, title insurance is not the most exciting topic. But it is one that is rife with misconceptions, some of which can really mess with a real property transaction. It’s the attorney’s job to dispel the misconceptions by understanding the nature of title insurance and explaining to the client how it works. 

Categories
Business Law Civil Litigation Insurance Law Legal Topics

The Mutual Obligations of Insurance

In the world of property insurance, each side has certain obligations to the other. It is the fullfilling of these mutual obligations that allows the system to work. Here’s a handy list of each side’s obligations to the other, worth keeping in mind regardless of which side you side you’re on.

Categories
Business Law Civil Litigation Environmental Law Insurance Law Legal Topics

Insurance Goes Green

With new technologies comes new businesses and new products—and new insurance issues. As with so much else, the new color in property insurance is green.

Categories
Civil Litigation Insurance Law Legal Topics Real Property Law Tort Law

New Property Insurance Book

I am very excited about my first YouTube video — an interview with Tim Sullivan, the contributing editor of CEB’s new book California Property Insurance: Law and Litigation.

This book is a great guide for attorneys who

  • Handle real property and advise clients on how to insure that property;
  • Manage, or assist others who manage, estate property; and
  • Sue or defend insurers.

Just as insurance is a big part of all our lives, this book is important for attorneys practicing in a variety of areas. Think flood, earthquake, toxic drywall from China. Property insurance issues are pervasive and always growing and changing as our world and technology does.

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