Articles

LITIGATION AND THE ADDITIONAL INSURED – It’s a whole new ball game!

Litigating and defending cases involving additional insureds may very well be a whole new ball game, so be careful. Decades of seminal cases may no longer apply. By adding just a few sentences to their additional insured endorsements, the Insurance Services Office (ISO) may very well have altered the future of additional insured coverage and related litigation.

That’s what happened on April 1st, 2013. With just one revision ISO may have wiped out decades of caselaw involving additional insureds. While ISO is not the only provider of insurance forms to the insurance industry, they are a major provider and industry influence. 

It appears that Appellate Courts have yet to give their interpertation of the revised forms.   

Insurance, Contracts and Interoperability

By: Lee Hoffman CIC, LIC, CPIA

When insurance is intended to be the primary assurance that indemnification agreements are properly funded, it is critical that contract language is written in such a way that insurance policies are able to respond.    

Crafting insurance and indemnification agreements is an art that involves understanding the nature of risks transferred, the nature of risks assumed and how to best protect a client from the legal and financial implications of those risks. It also requires an understanding of insurance policies and the type of coverage they can or cannot provide.

This article explores the issues and problems related to drafting insurance, indemnification and hold harmless agreements.

Litigation & The Insurance Agent E&O Case - How to manage Discovery when paper files don't exist!

By: Lee Hoffman CIC, LIC, CPIA

Whether defending or litigating, success with Insurance Agent E&O cases can hinge on the discovery process and avoiding the paper blizzard that often comes with generic production requests. Produce too many documents and it is a waste of your valuable time. Produce too little and you might not find what you need. Since most insurance agents no longer utilize paper files, knowing exactly what to extract out of a computer system could make or break your case.

INSURANCE INDEMNIFICATION AND HOLD HARMLESS AGREEMENTS - The Purchase Order Agreement

By: Lee Hoffman CIC, LIC, CPIA

INSURANCE INDEMNIFICATION AND HOLD HARMLESS AGREEMENTS - The Purchase Order Agreement addresses the importance of using a purchase order agreement and provides a sample document attorneys can modify to meet the needs of their client. Indemnification and insurance language has been carefully selected in order to maximize any available insurance.  

The purchase order agreement is a business to business contract that is seldom thought of as a rsik management tool. In fact, with the advent of the internet it is rarely used. When purchase orders printed on paper were used the purchase order was on the front of the document and the purchase order agreement (contract) printed on the back.

Attorneys should urge their clients to return to the use of purchase order agreements. In our ever increasing litigious society when something goes wrong, someone gets sued. While a purchase order agreement can’t stop litigation, it can create the rules of the game. Relying on Tort alone is not advisable in any situation - especially the business to business transaction.

© Lee M. Hoffman & Associates, LLC

 

Copyright © 2024