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Next posts …
Crucial First Step for Insureds: Establishing Nexus and Relevance. Insureds often face an uphill battle in the discovery process due to a critical misstep – failing to articulate…
4 min read
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The “Special Relationship” and Insurer’s Duty to Act Fairly and Honestly
Insurance policies are unique among widely used financial contracts. Insurance is rooted in risk pooling. Insurers collect premiums from policyholders and use these funds to pay claims to…
4 min read
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Case Study: Insurer’s Unfettered Discretion in Homeowner’s Claims
The relationship between an insurance company and a policyholder is one of dependence and inequality. Insurance policies generally represent contracts of adhesion, a term which refers to a…
4 min read
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Overview of the Developing E-Treatise
Every contract contains an implied covenant of good faith and fair dealing, meaning that neither party will do anything to injure or destroy the other’s right to receive…
4 min read
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Introducing the Ultimate Expert Bias Toolkit
Welcome back to ExposingExpertBias.com! Following our introduction to the landmark 2016 case, Demer v. IBM Corp. LTD Plan, I am excited to introduce the following essential resource in…
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Demer’s Paradigm for Assessing Biased Insurance Experts
Insureds, when they submit a claim, have fundamental reasonable expectations. They expect the insurer will perform a thorough and objective investigation, a coverage decision will be based on…
4 min read
Practical Guide to Evaluating and Eliminating Biased Insurance Experts
Critically examining and applying the Demer framework