Strategies, Challenges, and Answers

A Tale of Two Lawsuits.

It was the best of times for Nevada Direct Insurance Company. It was the worst of times for injured parties Michael and Sharon Smith. You see, the Smiths were hurt in an auto accident with a Nevada Direct policyholder Kuperman. Nevada Direct tried unsuccessfully to enlist Kuperman's cooperation in dealing with the Smiths’ claim. When Kuperman failed to cooperate, Nevada Direct filed a declaratory relief action against Kuperman, the Smiths and another injured party, Ms. Fields claiming the … [Read more...]

Examinations Under Oath Meant To Prevent Unnecessary Litigation

In addition to detecting FRAUD, examinations under oath serve a number of other purposes.  For example in the case of Yeo v. State Farm Ins. Co., 219 Mich. App. 254, 258, 555 N.W.2d 893, 895 (1996) the court explained that an examination allowed an insurance company to gather facts it would need to determine whether it would adjust the claim or defend a denial.  In other words, examinations under oath also help prevent unnecessary litigation. In the case of Dietz v. Hardware Dealers Mut. Fire … [Read more...]