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2015 Insurance Legal Case Update From SDV Law

1. Capital City Real Estate LLC v. Certain Underwriters at Lloyd’s, London – U.S. Court of Appeals for Fourth Circuit, June 10, 2015 788 F.3d 375 (4th Cir. 2015) Importance of Case: The case addresses a common issue presented by additional insured claims – whether extrinsic evidence can be utilized to determine an insurer’s duty …

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Workers’ Compensation Red Flags and Fraud

There are hundreds of thousands of active workers’ compensation claims in California. During the fiscal year 2013-2014, the California Fraud Division identified 5,729 suspected fraud cases. Of those, only 248 cases were sent to prosecuting authorities (County District Attorneys). For those convicted at trial or who entered a plea bargain, what were the penalties? Not …

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Workers’ Compensation – First Aid

As you know, workers’ compensation costs and your Experience Modification Rate (EMR) are two key components of any competitive bid. Multiple small claims (below $7,001) can, and often do, adversely affect your EMR more than one very large claim. Accordingly, when thinking about how to reduce your premiums and EMR, one of the primary goals …

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Employment Practices Liability Insurance Lawsuits on the Rise

Daily news reports continue to highlight the need for Employment Practices Liability Insurance (EPLI). The recent high profile case of Ellen Pao v. Kleiner Perkins received daily media attention. Greg Bauman, the editor in chief of the Silicon Valley Business Journal, reported on April 2, 2-15 that “Even though the verdict rejected Pao’s claims…the damage …

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Preparing for an Insurance Audit

Most general liability and workers’ compensation insurance policies are issued on an auditable basis. At expiration, insurers will use in-house or independent auditors to review your records, adjusting your premiums to actual exposures. Audits are typically conducted 60-120 days following your insurance policy expiration. The auditor will make an appointment to visit your office and …

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The Narrowing of Coverage from Additional Insured Endorsements

The Insurance Service Office (ISO) provides standard insurance coverage forms used by most insurance companies. As updated forms are released, the older forms are taken out of publication and are generally no longer used by admitted insurance companies, as a result of their licensing agreements with ISO. In April of 2013, ISO issued several new …

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