Putting Away the Shovel: An Exploration of the Law of Holes
According to the law of holes, if you find yourself in a hole, you should stop digging. One way an insurer may find itself in a legal hole is deducting from or depreciating an actual cash value settlement for labor, overhead, and profit-- a practice that is coming under increasing scrutiny. Regulators may intervene in claim settlement and correct perceived bad-faith actions (sometimes mid-policy period) by changing the terms of engagement. This article examines ways insurers can avoid digging a deeper hole.
Yes, I Have a Reservation! The Dos and Don'ts of Reservation of Rights Letters
A reservation of rights letter is a carrier’s notification to the insured of potential coverage issues. It prevents waiver of the insurer’s rights to deny coverage under the policy at a later date. From the standpoint of the insured, these letters can be intimidating and scary; from the standpoint of the adjuster, they can be onerous. By presenting a fictitious claim, this article will dissect the reservation of rights letter to make it more palatable for both the insured and insurance company.