ALFA International Publications

It is important to stay up-to-date with the latest legal trends and developments in employment law. In this article, we discuss the top five hot topics in employment law that are currently impacting both employers and employees, but start with the bonus topic of AI in the workplace. I.             Artificial Intelligence (AI) Artificial intelligence (AI) has the potential to revolutionize the work…

Microaggressions – What are they? The term “microaggression” originated in the late 1960s with Harvard University professor Chester Pierce who coined the term to describe the way in which he routinely saw non-black Americans insult, dismiss, and mistreat black Americans.[i] The meaning of the word has broadened over time, as noted in the definition for the term given by Dr. Derald W…

What is a Reservation of Rights Letter? A Reservation of Rights ("ROR") letter is a written communication to policyholders notifying them of the carrier's coverage position and setting forth a company's assumption of defense, subject to coverage reservations. The ROR letter mainly affords the insurer an opportunity to undertake a more thorough factual investigation into the claim without waiving i…

The idea of appraisal in the context of a first party property insurance claim seems straight forward enough.  If the insurer and the insured disagree about the “amount of loss” either can invoke appraisal and an appraisal panel will resolve that dispute quickly and efficiently, and then the parties will easily resolve the claim with no further dispute.  The reality is more complicated. …

Fraud and insurance claims are synonymous.  Early investigation through SIU, recorded statements, ISO searches, underwriting details, independent medical examinations, medical record reviews and agency files are all tools for the claims professional and panel counsel in the endless pursuit of the facts.  Expenses related to fraudulent claims—from presentment to ultimate coverage determination—can …

Introduction Much has been written recently on the topic of “humanizing” the insurance carrier in its interactions with its policyholders. This concept has also been discussed when the company denies a claim for benefits and a lawsuit follows, often alleging that the company is liable for extra-contractual first-party and third-party “bad faith” damages. Given that a successful plaintiff may be ab…

Socially Inflated Jury Verdicts, Plaintiff’s Efforts to Attain the Nuclear Verdict, and Defense Strategies in Combating It Social Inflation – What is it? A term used to describe increased loss costs stemming from claims far more severe than what could be anticipated under the usual scope of economic inflation and claims trends. When insurance coverage becomes more expensive because o…

Agents continue to be a vital part of the insurance industry. They are subject to potential liability for their own negligence as it relates to their obligations to their clients, who are potential insureds. Moreover, the negligence of an agent can be imputed to insurance companies on whose behalf they market, sell and procure policies. The traditional relationship between an independent agent and…

With the exponential rise in nuclear verdicts, defense counsel and clients need to work together to develop tools to rein in these extreme results. Plaintiff attorneys are becoming more and more sophisticated in preparing their cases, starting early to develop case themes and push cases forward by executing a well-orchestrated plan. Early investment on the defense side is critical to defending hig…