Even when you're a professional claims handler, it's often easy to discount the value of social media research. In a word: Don't. Especially as sites like Facebook constantly update their security settings, important information on plaintiffs, third parties, and even...
Month: March 2013
Freight Broker Liability: The Plaintiff attorneys’ new prey
The rise of intermediaries in the post-deregulation trucking world has led to more efficient matchmaking between shippers and motor carriers. However, these intermediaries--colloquially known as "freight brokers"--have increasingly found themselves the target of...
Is your Independent Contractor Really an Employee?
Last month, the Dallas Court of Appeals renewed the general rule of how to determine whether or not your independent contractor is really an employee. The general rule is a test of "control." Poynor v. BMW of N. Am., LLC, No. 05-10-00724-CV, 2013 Tex. App. LEXIS 1743...
Is Your Truck Driver Covered by Your Public-Liability Policy?
Rafael Olivas was driving a tractor-trailer owned by Oralia Sanchez and making a delivery to Corsicana, Texas. Mr. Olivas was operating the truck for Mr. Sanchez under an independent contractor agreement between Mr. Sanchez and Rapid Logistics. The truck jackknifed...
What Every Adjuster Should Know: The Stowers Doctrine
Most claims professionals have heard of a Stowers demand, or received a Stowers letter. The Stowers doctrine is a widely mentioned, but commonly misapplied, tool in a Plaintiff attorney's arsenal to force settlement. It is crucial for an adjuster to fully understand...
Easy ways to lower your litigation cost: Part 2
A claims handler can significantly curtail pre-litigation costs by performing basic document retrieval herself. Building the case file beyond what is provided by the insured requires diligent requests to law enforcement and state agencies. While time-consuming, such...
Look Before You Leap (or Cross): The Law in Mississippi Assumes You Will!
In May 2008 John Brown drove his garbage truck across a railroad crossing in Copiah County, Mississippi, and was struck by an Amtrak train operated on tracks owned by Illinois Central Railroad Company ("Illinois Central"). An advance warning sign stood 22 feet from...
“Greetings, you have been sued . . .” on Facebook
You have two Friend Requests. You checked-in at the Uptown 24-Hour Fitness. You were tagged in the album "CrAzY TiMeS!! :P." And you have one pending lawsuit.A Texas Legislator wants to add cyberspace to the list of places people are unable to dodge process servers....
Easy ways to lower your litigation cost: Part 1
It's not an easy time to be an insurance claims professional. Increased claims and a slow economy have brought added pressure to lower litigation costs. Many claims professionals find themselves braving the fine line between handling tasks that are appropriate for an...