Insurance Coverage Defense

The Economic Loss Rule is Alive and Well for Insurance Licensees

05/30/2017Palais, Douglas M.

When professionals of all types are sued by their clients for errors and omissions (E & O), the plaintiffs frequently assert both tort and contract claims against the defendants. This is particularly true when insurance policyholders or putative policyholders sue their insurance agents. Torts that are usually asserted include claims of actual fraud, constructive fraud,… Read more »

Agency Agreements

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01/28/2016Palais, Douglas M.

Authored by Douglas M. Palais Agreements between insurers and their appointed agents set forth the actual authority, as opposed to the apparent authority, of the agents. While commission schedules often change with some regularity, there are other portions of these agreements that agents should monitor on a regular basis. This article will very briefly point out… Read more »

False Claims Act: The Fourth Circuit’s Triple Canopy Decision

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07/06/2015Caramore, Megan

Authored by attorney Megan Caramore The False Claims Act, 31 U.S.C. §§3729-3733, also known as the “Lincoln Law,” is a federal law that imposes liability on individuals and companies (often federal contractors) who defraud the government.  The Act prohibits contractors from presenting the government with a false or fraudulent claim for payment. The Fourth Circuit… Read more »