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"Employment Practice Liability Insurance"
Subrogation is the legal doctrine which allows one party, usually an insurance company, that pays a loss by its insured which was caused by a third party, to take over the rights of its insured against the third party and recover its claim payments. It wouldn’t make much sense if, after paying a first-party insurance claim that its insured was partly responsible for, an insurance company could sue its insured to get their money back. It would defeat the purpose of insurance. Preventing precisely that sort of inequitable scenario is the purpose of the anti-subrogation rule (ASR). Sometimes known as the “suing your own insured” defense, the ASR was originally developed based on the logical premise that because the carrier stands in the shoes of it’s insured, it would essentially be suing itself. Therefore, no right of subrogation can arise in favor of an insurance company against its own insured. Wager v. Providence Ins. Co., 150 U.S. 99 (1893); The John Russell, 68 F.2d 901 (2nd Cir. 1934); Sherwood Trucking, Inc. v. Carolina Cas. Ins. Co., 552 F.2d 568 (4th Cir. 1977); Peavey Co. v. M/V ANPA, 971 F.2d 1168 (5th Cir. 1992) (insured or additional assured); Prestige Cas. Co. v. Michigan Mut. Ins. Co., 99 F.3d 1340 (6th Cir. 1996). Continue reading
“We’re going to cut a lot of red tape,” President Trump said at a CEO town hall meeting as he unrolled a long, colorful flow chart showing the process required for a state government to obtain the federal permits necessary to build a highway. The chart outlined 16 different approvals, 29 statutes and five executive orders that apply to a single project. He highlighted that infrastructure approvals are a 10- to 20-year process and cost hundreds of millions of dollars. Continue reading
Construction Wrap-Up Insurance is a liability policy that serves as all-encompassing insurance which protects all contractors and subcontractors working on a construction project. It is intended for large projects that will be over $10 million in cost. There are different options the main two are owner Controlled insurance programs (OCIP) or contractor controlled insurance programs (CCIP), both have their own benefits and essentially will cover the same things. Lets explore the differences and reasons why some projects choose to have one or the other in place. Continue reading
Understanding insurance can be tricky especially when it comes to understanding the wording in your policy. A insurance policy is a contact between the policy holder and the insurance company providing the insured, insurance. A few common sections of a policy include a declaration page, definitions, insuring agreement, exclusions, conditions, exclusions, and riders. Continue reading
An awkward job interview question — how much did you make at your last job? — is getting banned in some parts of the country.
Massachusetts, New York City and Philadelphia have passed laws that bar employers from asking applicants about their salary history. And several states, including California, Mississippi and Pennsylvania, have proposed similar legislation this year. Continue reading
When it comes to obtaining or renewing business insurance policies such as general liability, workers’ compensation, commercial automobile coverage, property etc., typically the business, policy coverage and risk associated with the policy will go through what is called underwriting. Each insurance company has it’s own set of underwriting guidelines when determining if they are willing to take the risk of the insured. Continue reading
Large liability claims are becoming more expensive, complex and international, with activity increasing outside the United States, according a report published by Allianz Global Corporate & Specialty (AGCS). Continue reading
Not only are liability losses increasing but they are getting more expensive, particularly in relation to global product recalls, corporate liability, cyber and environmental incidents, according to a new report by Allianz Global Corporate & Specialty (AGCS). Global Claims Review: Liability in Focus identifies defective product or work, crash and human error incidents as the largest causes of liability loss for businesses, based on analysis of insurance claims. Continue reading
