David Steiger

Tae Andrews, Senior Counsel in Calfee's Insurance Coverage group, was mentioned in the Law360 Insurance Authority article, “Insurers Win Big in Hawaii Climate Change Pollutant Suit” by Eli Flesch. The article discusses a recent Hawaii Supreme Court ruling asserting that AIG is not required to cover a lawsuit accusing the subsidiary of a major gas company of contributing to climate change. This ruling is significant for carriers and policyholders and may influence climate coverage-related case law. Read the full article at the following link: https://lnkd.in/gMDR8hYr #insurancecoverage #insurancelaw #climatechange

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In a recent decision, the California Supreme Court reaffirmed a policyholder’s right to reach excess liability coverage by providing key guidance as to the proper exhaustion method for continuous injury claims spanning multiple policy periods. Download our Commentary below to learn more. Amanda Ellison Tara Kowalski Peter Laun Brian McDonald #insurance

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Always try to maintain excellent cycle times for: • First contact • Submitting the estimate after inspection • Any file revisions requested by a file reviewer • Overall timeframe of claim ownership Cycle times are arguably the most important part of the claims process. IA firms and carriers monitor them religiously on a daily basis. Although IA firms offer ample support to help adjusters in this area, they typically will not allow repeatedly poor cycle times to persist. Adjusters who have difficulty maintaining proper cycle times may simply need training or better understanding of their importance in the claims process. If training doesn’t remedy the problem, the company will usually administer warnings and if the problem continues to persist…they may discontinue using the adjuster for claims work. #pacesetterclaims #setthepace #tipsandtricks #tips #adjusters #fieldadjusters #catadjusters #catseason #stormseason #adjustertips #adjustertipsandtricks

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Did you have fun learning all about engagement letters but unsure where to start? Remember: Securing an engagement letter for every client and service is a crucial step in reducing the risk of a professional liability claim. AICPA Professional Liability Policyholders have access to 35+ sample engagement letters to help protect their practice and ensure clarity in every client reaction. AICPA Policyholders can access engagement letters here: https://bit.ly/3AAc1Hp #EngagementLetters #Resource #Accountants #CPAFirm #AccountingLife 

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In the fall of 2023, California's Department of Insurance unveiled the Sustainable Insurance Strategy, a comprehensive initiative aimed at reforming the state’s insurance market. In this Insurance Insight article, Jennifer Leland explores key components of the strategy and its potential impact: https://lnkd.in/g4Xpv42u. #Insurance #Sustainability #ClimateChange #CaliforniaInsurance #RiskManagement

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Berkley Select (a Berkley Company), a prominent provider of professional liability insurance, has introduced a new product, AttorneyShield, expanding its employment practices liability (EPL) offerings to cater specifically to the unique needs of law firms. Daniel Spragg, President of Berkley Select, (pictured) expressed excitement about the launch, stating: “As a market leader in employment practices liability, we are thrilled to offer this new and enhanced product for law firms across the country. We understand the ever-evolving risks faced by law firms and have the expertise and superior claims handling reputation to support our policyholders.” Read the full story here 👉 https://lnkd.in/g4ce39RQ #InsurtechInsights #InsuranceNews

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Workers' Compensation provides you a settlement for permanent disability. But injured employees have challenges to get all they deserve. San Diego workers’ compensation attorney, Thomas DeBenedetto shares his experience of over 30 years on the inadequate permanent disability settlement payment system affecting injured workers in California. If you have been permanently injured from work get valuable information from the video link: https://lnkd.in/g6A22iNi Key highlights: • The number of weeks of pay an individual receives for each percentage of disability is set at a weekly rate of $290. • The permanent disability schedule was last updated in 2014. • This weekly benefit rate of $290 is insufficient to cover basic living expenses in San Diego. The high cost of living in California puts disabled employees in hard financial situations. • The current system is lousy, outdated and ridiculous in adequately supporting injured workers. • Our state government continues to fail at handling fair workers’ compensation settlement payments. • Trusting your employer's insurance company will result in losing out on significant benefits and compensation. Don’t settle for less and get an experienced workers’ comp attorney. Thomas DeBenedetto can help you secure the maximum number of benefits by pursuing claims for all injured body parts to get the highest percentage of disability for future medical care. Don’t face this ordeal alone. Contact our office today for a free case review.

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California workers’ compensation cases can be complex, with many caveats, exceptions and competing interests at play. Insurers frequently push back against claims, while plaintiffs’ attorneys often pursue additional avenues for compensation as defense lawyers seek to make workers’ compensation the only remedy. In California, employers are generally responsible for compensating their employees or estates for any injuries or deaths that happen on the job. The law stipulates this compensation regardless of who is at fault — even if the employer’s actions didn’t lead to the injury. However, there are certain conditions that must be met, which is where California Labor Code Section 3600 comes in. Click through to read a breakdown of what the statute says and what it typically means for employers and their employees: https://bit.ly/44ym8aG

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OneJustice is celebrating the California Supreme Court’s unanimous ruling in California Capitol Insurance Co. v. Hoehn, which makes it easier for consumers to challenge judgments entered without proper notice. The Court overruled the lower court, which had found an implied two-year limit for defendants seeking to set aside void judgments in debt collection cases, which had unfairly hindered consumers' ability to contest unjust default judgments, often resulting from inadequate or fraudulent service. The decision, supported by an amicus brief filed by the Berkeley Center for Consumer Law & Economic Justice, alongside OneJustice and Bay Area Legal Aid, is expected to have broad implications for debt collection cases, where a significant number of judgments are entered against consumers who were never properly served, often leading to wage garnishments or bank levies years later. #ConsumerDebt #CaliforniaSupremeCourt

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Policyholders in Illinois may need to take a second look at their Commercial General Liability and other policies regarding the Biometric Information Privacy Act (BIPA), as a recent Illinois amendment to the Act now limits recoverable damage. Andrew Barrios and Claire Whitehead discuss what this amendment will mean for insurers and policyholders in a Q&A for Thomson Reuters Westlaw. #BIPA #biometricinformation #dataprivacy #policyholders #Illinoislaw Follow the link to continue reading: https://lnkd.in/g_7EYQP3

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Under an unjust enrichment claim, the defendant (owner) unjustly receives and retains something of value at the plaintiff’s (contractor’s) expense. This is the first blog post in a three-part series on unjust enrichment claims in #construction contracts. This post explores examples of unjust enrichment, and the second post discusses recovery for unjust enrichment in “express contracts,” quasi-contracts, or contracts implied in law. The third post focuses on obstacles to recovery for unjust enrichment and conclusions. #contractors #constructionlaw #constructionmanagement #constructionindustry #constructionprojects

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🔍 Tackling Fraudulent Claims with Alternative Dispute Resolution (ADR) in California 🔍 In the world of insurance and legal disputes, fraudulent claims are a significant challenge. Fortunately, California's robust Alternative Dispute Resolution (ADR) programs offer an effective solution. Here’s how ADR is making a difference: 1️⃣ Speed and Efficiency: ADR processes, such as mediation and arbitration, resolve disputes faster and at a lower cost than traditional litigation. This rapid resolution helps deter fraudsters who thrive on lengthy legal battles. 2️⃣ Expertise: Mediators and arbitrators often possess specialized knowledge in insurance fraud, enabling them to identify and address fraudulent claims more effectively. 3️⃣ Confidentiality: ADR proceedings are private, protecting reputations and preventing fraudsters from leveraging public records to their advantage. 4️⃣ Flexibility: ADR allows for tailored, creative solutions to disputes, addressing the specific nuances of fraudulent claims and implementing measures to deter future fraud. 5️⃣ Deterrence: The risk of sanctions and the educational aspect of ADR discourage fraudulent behavior, setting clear consequences for such actions. 6️⃣ Collaboration and Settlement: Mediation encourages collaborative resolutions, leading to early identification and resolution of fraudulent claims, often resulting in mutual agreements that are more likely to be honored. 7️⃣ Preventative Measures: Successful ADR resolutions set precedents and incorporate preventative measures, helping to reduce the incidence of future fraudulent claims. We specialize in navigating the complexities of ADR to effectively address and resolve fraudulent claims. Our team of experienced professionals is dedicated to protecting your interests and ensuring a fair resolution process. California’s ADR initiatives, supported by the California Department of Insurance (CDI) and relevant legislation, underscore the state’s commitment to efficient and effective dispute resolution. By embracing ADR, we can better combat fraudulent claims, protect legitimate interests, and promote fairness and justice in our legal system. Contact us today to learn how we can help you achieve the best outcomes in your dispute resolution. 🤝 #DeSandoInsurance #WorkersCompClaims #ADR #DisputeResolution #California #LegalExcellence #FraudPrevention #Mediation #Arbitration #InsuranceIndustry #LegalSolutions #EfficiencyInLaw #FraudulentClaims

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A 2023 report from Ames & Gough found that legal malpractice claims are increasing in both frequency and severity. The majority of large insurers reported an increase in claims and payouts over $50 million in the last two years. #ProfessionalLiability #LawyerMalpractice

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Join Robert M. Horkovich on June 11th as he presents "Insured vs. Insurer: Litigating Priorities in Subrogation Proceeds", a Strafford CLE webinar. Presenting with him will be Michael Conley, Matt Greider, and Michael Wolfer.   Together, this panel will guide insurance companies, policyholders, and in-house counsel through the nuances of the "made whole doctrine" and the many different types of releases, waivers, and other devices insurance companies use to clarify or mitigate its effect to maintain priority recoveries from third parties.   The panel will review:   ✅ What it means for a policyholder to be "made whole" ✅ The difference between contractual, equitable, and statutory subrogation ✅ What happens if the policyholder has significant uninsured loss   Click the link below to register today.  #insurancelaw #Subrogation #madewholedoctrine #policyholder #policyholders #policyholderpowerhouse 

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Are your #policyholders in the 72%? Discover how the ability to share photos and videos with initial reporting impacts the #claims process.

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