Capstone Insights
The U.S. Department of Justice on Thursday issued a memo on federal marijuana enforcement policy, telling all U.S. attorneys to enforce the Controlled Substances Act, which classifies marijuana as an illegal drug. Continue reading →
The holiday season is upon us. This time of the year, the reception area of a business entrance or lobby is an area of potential unwanted guests. The constant traffic from Holiday gifts, mail, and normal office deliveries are an opportunity for an unsavory intruder to “slip through” unnoticed and enter the offices, bathrooms, storage areas and surrounding corridors, and increase the risk of theft, violence, industrial espionage, sabotage, or even terrorism. Continue reading →
Last month, a White House panel declared the nation’s epidemic of opioid abuse and deaths “a national public health emergency,” a designation usually assigned to natural disasters. Continue reading →
With so many eyes on claims files, it’s no wonder documentation is a touchy subject for adjusters. Claims files are reviewed by auditors, supervisors, bad faith attorneys and others passing judgment often months or years after the fact, according to Kevin Quinley, founder and principal of Quinley Risk Associates. Continue reading →
With a shift in Healthcare laws it is no wonder that Professional Liability “Medical Mal-Practice” insurance is changing as well. Over the past several years subtle changes in the healthcare industry have begun to relate to physician’s Professional Liability needs. With the increase in “E-visits”, a decrease in hospital stays, and of course the ever-evolving idea of healthcare reform, it is interesting that little is talked about when it comes to Professional Liability insurance needs for physicians. Continue reading →
A survey conducted by risk and insurance adviser Ames & Gough has found that the number of malpractice claims in recent years has remained relatively constant – although legal defense costs, claimed damages, and settlement sums continue to mount. Continue reading →
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 →
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 →
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