Chat GPT

What Artificial Intelligence Has to Say About the Societal Benefits of Insurance Subrogation

Newsletter, Subrogation

By ChatGPT (artificial intelligence chatbot) Foreward By Gary L. Wickert Artificial intelligence (AI) is intelligence—perceiving, synthesizing, and inferring information—demonstrated by computers or machines, as opposed to actual human intelligence. According to the current system of classification, there are actually four types of AI: reactive, limited memory, theory of mind, and self-aware. For many of us,…

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Covid-19 Virus

Illinois Court Latest to Signal that Covid-19 Virus Does Not Trigger Loss of Income Coverage Under CGL Policy

Newsletter, Subrogation

MTDB Corp. v. Am. Auto Ins. Co., 2022 WL 18012348 (Ill. App. 1st Dist. 2022) Some might say that subrogation and insurance coverage make strange bedfellows. But understanding the basics of insurance coverage is integral to an aggressive and holistic approach to subrogation across all lines of insurance. Without coverage there is no claim payment;…

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Roof

RCV, ACV and the Depreciation of Labor

Newsletter, Property

Trial lawyers are filing bad faith class action suits against insurance companies across the country in rapid fashion based on alleged wrongful depreciation of labor costs in their calculation of Actual Cash Value (ACV) in property loss claims. They smell blood in the water given the turmoil and lack of clear guidance from state to…

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South Carolina Supreme Court

South Carolina Supreme Court Says Passenger/Employee May Not Recover UM Benefits From Driver/Co-Worker Auto Carrier

Auto, Med Pay, PIP, Newsletter

Connelly v. Main St. Am. Group, 2023 WL 152540 (S.C. 2023) South Carolina’s Exclusive Remedy Rule has prevented an employee from collecting $350,000 in uninsured motorist benefits for injuries she sustained in an automobile accident she was in while a passenger in a vehicle owned and driven by a co-employee. Stephany Connelly and a co-worker…

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Washington

Washington Court Allows Recovery for Residual Diminished Value Following Vehicle Repairs

Auto, Med Pay, PIP, Newsletter, Property, Subrogation

Grothe v. Kushnivich, 521 P.3d 228 (Wash. App. 2022) One by one, states have begun to recognize a vehicle owner’s third-party claim for residual diminished value damage, or “stigma damage”, which is the loss of value of an automobile that remains after it is completely and professionally repaired. It is the loss of value that…

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