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Insurance Defense Archives

WV INSURANCE FRAUD CONTINUES AMID CHANGING PUBLIC PERCEPTION

Over time, we have seen a change in the public's perception and attitude toward insurance fraud, as evidenced by the Insurance Research Council's (IRC) surveys. In 2003 and 2013, IRC released the results of their survey on people's level of acceptance of insurance claim fraud, and such results were representative of the entire adult population in the U.S., including West Virginia (WV). Overall, the IRC found a nine percent decrease in consumer acceptance of insurance fraud. However, WV insurance fraud remains to be an issue, as 10 percent of Americans continue to believe that insurance fraud doesn't hurt anyone.

Common Problems in Insurance Coverage Disputes

There are specific procedural mishaps that are common to many insurance coverage disputes. Fortunately, with awareness, insurance companies and businesses can actively avoid many of these problems. It also helps to have professional legal assistance from a lawyer experienced in insurance coverage lawsuits and claims. If you do business in West Virginia (WV), Kentucky (KY), or Ohio (OH), the attorneys at Jenkins Fenstermaker, PLLC can help you avoid common problems in insurance coverage disputes.

ALL YOU NEED TO KNOW ABOUT SOCIAL MEDIA AND INSURANCE FRAUD

Social media is quickly becoming an important tool in the fight against insurance fraud, and it is also helping save insurers from paying out on exaggerated or bogus claims. According to CBS News, an increasing number of insurers are relying on evidence taken from social media when investigating claims. Social media can help insurers defend against claims in a wide variety of situations, including in auto accident claims, personal injury claims, and property claims. In fact, social media could be key to helping both insurers avoid paying out on fraudulent claims and ensuring that premiums are kept low for consumers. This article provides the basics of the relationship between social media and insurance fraud.

Staffing Agency Nurse Liability: What You Need to Know

Many hospitals address staffing shortages (nurses and physicians) through staffing agencies. In an attempt to provide certainty regarding staffing agency nurse liability, standard staffing contracts provide that the nurses and/or physicians (locum tenens) are employees of the staffing agency and not the hospital. The staffing agency agrees that the nurses or physicians provided shall abide by the hospital's policies and bylaws. The hospital determines the work schedules and provides all necessary equipment and supplies. The hospital and staffing agency also agree to purchase professional liability insurance and agree to terms of indemnification for the acts or omissions of their respective employees. All's well and good in the hospital professional liability shifting arrangement, right? Not necessarily.

WV AUTO INSURANCE CANCELLATION LAWS

West Virginia (WV) laws governing the cancellation of automobile insurance policies provide detailed requirements insurers must follow before depriving an insured of coverage. In 2016, WV auto insurance cancellation laws were significantly amended by the legislature. This article covers car insurance cancellation laws in the Mountain State.

Travelers Avoids the Burn Following "Arising Out of Asbestos" Construction

On April 21, 2017, the Third Circuit Court of Appeals reversed the judgment of the District Court of the Eastern District of Pennsylvania, finding the meaning of the phrase "arising out of asbestos" found within a policy exclusion to be unambiguous and overturning a more than $36 million dollar judgment against Travelers Insurance.

Staffing Agency Nurse Deemed Hospital Employee for Professional Liability Coverage Despite Contract Provisions

Many hospitals address staffing shortages (nurses and physicians) through staffing agencies. Standard staffing contracts provide that the nurses and/or physicians (locum tenens) are employees of the staffing agency and not the hospital. The staffing agency agrees that the nurses or physicians provided shall abide by the hospital's policies and bylaws. The hospital determines the work schedules and provides all necessary equipment and supplies. The hospital and staffing agency agree to purchase professional liability insurance and agree to terms of indemnification for the acts or omissions of their respective employees. All's well and good in the liability shifting arrangement, right? Not necessarily.

House Bill 4286 - Claims Adjuster Liability

Individuals in West Virginia have long been able to bring private causes of action against insurers for violations of the West Virginia Unfair Trade Practices Act ("UTPA"). In 2003, the West Virginia Supreme Court of Appeals ruled that insurance claims adjusters, in addition to insurers, may be held personally liable for UTPA violations. Accordingly, individual claims adjusters found themselves exposed to liability for violations that occurred within the scope of their employment. House Bill 4286, if enacted, would reverse this case law and protect claims adjusters from liability under the UTPA.

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