It’s interesting. I have been at DRI’s 2024 Insurance Coverage and Practice Symposium all day, and much of the discussion is either directly about or tangentially related to the impact of artificial intelligence on insurance. To me, the consistent theme
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Long Covid and LTD Benefits
This is a great, and I think pretty even handed, article by Bloomberg on litigating LTD claims under ERISA. Although the headline and the central thrust of the article are about obtaining LTD benefits for claims of long Covid, the…
Adding Private Equity Investment Options to 401(k) Plans May Be a Good Idea – for Everyone Who Is Not a Plan Participant or a Plan Fiduciary
There’s an old New Yorker cartoon that shows a grandfatherly man talking to a younger man in a library, and he says to him that “Those who don’t study history are doomed to repeat it [while] those who do study…
Principles for Avoiding Chapter 93A or Other Bad Faith Liability (Lesson Three)
In the first of my two posts in this series discussing lessons I have learned over the past thirty years of practice as to how to avoid incurring Chapter 93A liability as a result of claims handling or settlement decisions,…
Principles for Avoiding Chapter 93A or Other Bad Faith Liability (Lesson Two)
In my last post on the lessons that I have learned in 30 years of representing insurers in Chapter 93A cases, I discussed the crucial – almost outcome determinative – role in such a case against an insurer of…
Big Firms, Contingency Fee Awards and Picking the Right Horse to Bet On
I love these stories on big firms, who are used to billing by the hour, using contingency fee cases to boost the bottom line. When I say that, I am not taking pot shots or being sarcastic – instead, I…
Principles for Avoiding Chapter 93A or Other Bad Faith Liability (Lesson One)
I have counseled insurers and represented them in litigation on bad faith claims handling and Chapter 93A cases for pretty much the entire modern era of insurer bad faith law in Massachusetts. My very first trial as a first chair…
Look, There in the Sky – It’s a Bird, It’s a Plane. No, It’s Super Lawyer! (I Can’t Be the First to Have Made this Joke)
When I was in college in D.C. lo these many years ago, a friend of mine’s uncle took us out to dinner at the Watergate complex (still the only time I have ever been inside it). He had been a…
Will Climate Change Bring With It an Insurance Apocalypse?
Many of you know that I have been writing about the intersection of the insurance industry and climate change for almost long as this blog has existed. I have long been interested in the economic relationship between the two, as…
Moral Hazard, Homeowners Insurance and Climate Change
The relationship between climate change and the insurance industry has been a favorite hobbyhorse of mine for over a decade, since I learned that Lloyd’s was closely studying the potential impact of climate change on insurance rates, profits, underwriting and…