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The Intersection Among Torts, Science, Corporate Law, Insurance & Bankruptcy

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Great Questions About Insurance – Call for Papers for Rutgers Conference on Fragmented Risks C
Why is collecting on insurance so tough? Is insurance being sold in the right way? Some thought leaders are asking great questions about...

Kirk Hartley
Oct 26, 20123 min read
Progressive Insurance Takes a Reputation Hit After Failure to Pay
The media this week has been full of a great example of the power of social media to inflict a major reputation hit. This week’s target...

Kirk Hartley
Aug 18, 20121 min read
Reselling Life Insurance – Viatical Deals and More
Selling life insurance rights. Some says it’s great. Some says it violates contract law. Some say it’s a bad idea. Whatever your view may...

Kirk Hartley
Aug 14, 20121 min read
An Insurance Cap Falls – How Many More Should Fall ?
Insurers like caps on payouts. Why? Because it makes life easy for the actuaries. X number of incidents for an insured population of Y...

Kirk Hartley
Aug 13, 20122 min read
ACE Insurance Fined by Texas for Repeated Violations of State Insurance Law
ACE insurance has been fined in Texas for violating state laws regulating insurers. The story is told on the ACE Litigation Watch, a web...

Kirk Hartley
May 3, 20121 min read
Met Life and Others Finally Fessing Up to Their Lack of Good Faith and Fair Dealing in Administering
And from the NYT and the the offices of several state Attorney Generals, here is story detailing yet another example of Wall Street...

Kirk Hartley
Apr 24, 20121 min read


Using Actual Driving Data to Price Car Insurance – Young Marmalade Business in the UK
A new idea that is now a business in the UK – car insurance priced based on driving low-powered cars, plus actual driving data...

Kirk Hartley
Apr 21, 20123 min read
Insurance Fraud – By the Insurer
Insurers like to complain about fraud by policyholders, but here’s the story of gross fraud perpetrated by a nationally prominent...

Kirk Hartley
Apr 13, 20121 min read
UK Asbestos Coverage Ruling Exposes Reality – Supposed Risk Takers Really Want Certainty and V
Time and again insurers tell us that litigation is wasteful and all claims should settle. And we are often told that insurers and others...

Kirk Hartley
Mar 29, 20122 min read
Managing D & O Insurance Through Transactions
Kevin LaCroix has an interesting new post linking to a useful article on managing D & O insurance through a corporate transaction....

Kirk Hartley
Mar 19, 20121 min read


Litigation Increasing Dramatically In Argentina – QBE and Others Say They Need Tort Reform and
Does this story sound familiar? Tort claiming, constitutional law, and demands for tort reform are now playing out in Argentina. Under...

Kirk Hartley
Feb 27, 20122 min read
Another Example of Insurance Companies Liking Litigation When They Are Plaintiffs
Insurers frequently complain loudly about "trial lawyers" and too much litigation. But they like litigation when they are plaintiffs....

Kirk Hartley
Feb 23, 20121 min read
Direct Actions Against Insurers – The FDIC is Using the Remedy
"Direct actions" allow an injured plaintiff to file a lawsuit directly against the insurer for a defendant. Direct actions are not...

Kirk Hartley
Jan 24, 20121 min read
Rutgers Hosting Great Looking February 29 Conference on Insurer “Bad Faith” Claims
Insurer "bad faith" has been a significant and growing problem ever since consulting heavyweight McKinsey & Company advised various...

Kirk Hartley
Jan 23, 20122 min read
Cut Through Claims Against Reinsurers – Two Losses for Policyholders
Reinsurance companies frequently sit "behind" insolvent primary insurers. When the primary carrier fails, some policyholders seek to sue...

Kirk Hartley
Dec 30, 20111 min read
STOLI Policies, UBS and Rick Perry – Quite a Story
Insurers often claim that STOLI policies are illegal – see this prior post on STOLI policies. So, it’s kind of amusing to see that...

Kirk Hartley
Sep 4, 20111 min read
Life Insurance Industry Under Investigation for Failing to Do the Right Thing – That Is, Insu
The insurance industry never ceases to amaze. Set out below is a Wall Street Journal story on an investigation by state Attorney’s...

Kirk Hartley
Jul 11, 20116 min read
STOLI Policies – Do Some Life Insurers Actually Love the STOLI Business ?
STOLI policies are Stranger Owned Life Insurance policies. Insurers spend plenty of time and ink complaining about STOLI policies, and...

Kirk Hartley
May 18, 20111 min read
Delay, Deny, Defend on a Global Scale – Australian Insurer QBE Refuses to Pay Claims In Both
"Delay, Deny Defend." The phrase sets out the business method for too many U.S. insurers. The phrase also is the title of an insightful...

Kirk Hartley
Feb 28, 20111 min read
New Science, New Toxins and New Substances at Issue – Back to the Future for the So-Called P
This week’s issue of Business Insurance brings an update article on the "pollution exclusion" – in its various iterations. The article...

Kirk Hartley
Feb 22, 20111 min read
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