casualty ins 4th 5/18 rel · Indirect loss rst and third party claims, § 51:22 Liability to...

Index

ACCIDENTAL DEATH ANDDISMEMBERMENTINSURANCE

Generally, § 52:5

ACCIDENT REPORTSSigned and recorded statements,

§ 4:4

ACCOUNTANTS ANDAUDITORS

Generally, § 38:1 to 39:7Definition of the practice of

accounting, § 38:1Federal Security Act, § 38:5Indirect loss—first and third party

claims, § 51:22Liability to client, § 38:2Privity of contract, § 38:4Professional liability of accoun-

tant, § 38:6Reserves, reserving, and statistics,

self-insured claim reserve,§ 16:32

Restatement (second) of torts,§ 38:3

Standard of reasonable care,§ 38:2

Statutory liability, § 38:5Third parties, liability to, § 38:4

ADDITIONAL INSUREDSSee also Public or General

Liability Policies andCoverages (this index)

Automobile insurance, com-mercial auto liability policies,§ 22:93

General liability coverages,personal and commercial,§ 26:43, 26:44

ADD-ON COVERAGESee Automobiles and

Automobile Insurance (thisindex)

ADJUSTER SAFETYClaims representative, § 1:23

ADVANCE PAYMENTSSee Settlements and Settlement

Negotiations (this index)

ADVERTISINGPractice and procedure, § 13:18

ADVERTISING INJURYSee General Liability Coverages,

Personal and Commercial(this index)

AFFIDAVITSTranslator’s affidavit, signed and

recorded statements, § 4:5

AGE DISCRIMINATION ACTGenerally, § 41:16

AGENT ORANGEProducts liability, § 31:7

AGENTS AND AGENCYSee also Insurance Agents and

Brokers (this index)Authority of agent, § 2:5Determination of agent’s

negligence, § 10:39Deviation, § 10:42Errors, liability for, § 2:18Family purpose doctrine, § 10:45General principles of law, gener-

ally, § 10:38 to 10:46

Index-1© 2018 Thomson Reuters, 5/2018

AGENTS AND AGENCY—Cont’dImplied agency created by statute,

§ 10:44Imputed negligence (respondeat

superior), § 10:38Independent contractor, § 10:46Joint venture agency liability,

§ 10:43Sub-agency, § 10:40Temporary or special employee,

§ 10:41

AGGREGATE LIMITS OFLIABILITY

Generally, § 43:28

AIRCRAFTCoverage of. See Aviation Insur-

ance (this index)Exclusions, general liability cover-

age, § 26:6, 26:31, 26:32

AIR POLLUTIONSee Environmental Pollution

(this index)

ALCOHOLIC BEVERAGESProducts liability, § 32:17

ALLERGIESDescription, diagnosis, prognosis

and treatment, § 8:42

ALLOCATIONGenerally, § 43:27

ALTERNATIVE DISPUTERESOLUTION (A.D.R.)

Generally, § 14:44 to 14:46Arbitration or mediation, § 14:45Minitrials, § 14:46

ALTERNATIVE FUELVEHICLES

Automobiles and automobilesinsurance, § 25:33

ALTERNATIVE MEDICALTREATMENTS

Medical aspects of casualty insur-ance, § 6:18

AMBIGUITYCoverage problems, ambiguity in

policy provisions, § 19:11Reservation letter, § 14:15

AMERICANS WITHDISABILITY ACT

Generally, § 41:2

AMUSEMENT PARKSPublic or general liability claims,

§ 28:12

ANATOMYTrauma, human anatomy as

affected by, § 6:15

ANGIOGRAPHYDiagnostic procedure, § 8:51

ANGIOPLASTYDiagnostic procedure, § 8:51

ANHYDROUS AMMONIA ANDAMMONIUM NITRATE

Products liability, § 32:28

ANIMALSInjuries from animals, description,

diagnosis, prognosis andtreatment, § 8:49

Public or general liability claims,§ 28:15

ANTI-FRAUD STATUTESGenerally, § 15:16

APPEALSDuties of insurer, § 20:7Practice and procedure, § 13:3,

13:12

APPORTIONMENTSubrogation, § 43:20

CASUALTY INSURANCE CLAIMS

Index-2

ARBITRATIONSee also Automobiles and


Alternative dispute resolution(A.D.R.), § 14:45

Automobiles and automobileinsurance, § 25:31

Federal Arbitration Act, § 41:14Punitive damages in, § 33:16Reinsurance, § 45:19Subrogation, § 43:18

ARCHITECTS ANDENGINEERS

Generally, § 38:10 to 39:15Checklist for investigation of

cases involving architects andengineers, § 38:15

General areas of possible liability,§ 38:11

Hold harmless agreements,§ 38:12

Legislation concerning statutes oflimitations, § 38:14

Statutes of limitations, § 38:13,38:14

ARTHRITISInjury evaluation, role of arthritis

in, § 8:14

ARTHROSCOPYDiagnostic procedure, § 8:56

ARTIFICIAL INTELLIGENCEAutomobile coverage, § 22:100

ASBESTOSAsbestosis, description, diagnosis,

prognosis and treatment,§ 8:38

Products liability, § 31:32, 32:18

ASSIGNED RISK PLANSIrresponsible motorist, protection

against, § 24:4

ASSIGNMENTSReleases, assignment of insured’s

claim for bad faith, § 18:16

ASSISTANCE ANDCOOPERATION

Generally, § 20:18 et seq.Defense against lack of coopera-

tion, § 20:22Nonappearance at trial, § 20:20Prejudice, § 20:19Settlement by insured, § 20:17Statutory protection of injured

claimants, § 20:21

ASSISTED SUICIDEPhysicians, surgeons, and other

healers, § 35:31

ASSUMPTION OF RISKProducts liability, § 31:1, 31:12,

31:27

ATHLETICSSee Sports (this index)

ATTORNEY-CLIENTPRIVILEGE

Discovery, § 10:61

ATTORNEYSBusiness losses of client, § 37:22But for rule, § 37:18Checklist for avoiding legal mal-

practice, § 37:3Computer age, § 37:16Conflict of interests, § 37:19Discovery, attorney-client privi-

lege, § 10:61Emotional distress, liability for,

§ 37:24Errors-in-judgment rule, § 37:14Estate planning, § 37:23Grounds upon which actions may

be brought, generally, § 37:11to 37:25

Informed consent doctrine,§ 37:17

INDEX


ATTORNEYS—Cont’dInterviewing attorney of claimant,

§ 3:8Investigation of lawyer’s malprac-

tice cases, suggestion for,§ 37:2

Legal professional services,defined, § 37:20

Malicious prosecution of lawyers,§ 37:25

Negligence, actions in, § 37:13Policy coverages

generally, § 37:4 to 37:10claims-made policies, § 37:6,

37:7exclusions, § 37:7nonstandard policy forms,

§ 37:9occurrence policies, § 37:5other ISO policy provisions,

§ 37:8professional services, § 37:10

Privity of contract, § 37:12Professional liability, generally,

§ 37:1 to 37:26Researching law, duties as to,

§ 37:15Settlements and settlement negoti-

ations, § 17:6, 17:16Standard of care, § 37:13Statutes of limitations, § 37:21

ATTRACTIVE NUISANCETort law principles, § 9:9

AT-WILL DOCTRINEWrongful termination of employ-

ment, § 42:7

AUDITORSSee Accountants and Auditors

(this index)

AUTOMATION IN THEINSURANCE INDUSTRY

Generally, § 2:17

AUTOMOBILES ANDAUTOMOBILEINSURANCE

See also Feet Risks; Seat BeltDefense (this index)

Accident, insured’s duty follow-ing, § 22:69

Add-onssee also No-fault laws and add-

ons, infrarental vehicle coverage, § 22:68

Applicant and respondent, cover-age for damage to insuredauto, § 22:65

Appraising amount of loss, dam-age to insured auto, § 22:61,22:62

ArbitrationNationwide intercompany

arbitration agreement,coverage for damage toinsured auto, § 22:64

uninsured motorist coverage,§ 22:53, 24:16

Basic auto policy, § 22:3Black boxes, § 25:13Bodily injury, liability coverage,

§ 22:30Business auto insurance

generally, § 22:12See Fleet Risks (this index)commercial auto liability poli-

cies, infraFleet coverage, § 22:13

Cancellation of coverage, § 22:73Checklists

claim investigation, infraphysical damage claims,

§ 22:66Claim investigation

generally, § 25:1 to 25:33actual cash value, depreciation,

and diminished valueclaims, § 25:25

aftermarket parts, § 25:29


Index-4

AUTOMOBILES ANDAUTOMOBILEINSURANCE—Cont’d

Claim investigation—Cont’dalternative fuel vehicles,

§ 25:33arbitration, § 25:31auto claim department structure,

§ 25:5auto claims in the future,

§ 25:34automobile in modern society,

§ 25:1combating the mysterious low

impact-questionable injuryclaim, § 25:10

commercial line claims, § 25:4common types of accident,

§ 25:17contract repair shops and use of

aftermarket and used parts,§ 25:29

coverage issues, § 25:19data collection and use of

outside resources, § 25:7dealing with the third party,

§ 25:21defining and investigating the

serious accident, § 25:12depreciation claims, § 25:25detailed investigation, black box

usage, § 25:13diminished value claims,

§ 25:25documentation for subrogation,

intercompany arbitration,§ 25:31

driver impairment and distrac-tions, § 25:15

driving conditions, § 25:16fasttrack handling, § 25:9fatalities and serious injuries,

generally, § 25:11handling third party or insured

injury claims, § 25:23


Claim investigation—Cont’dhandling third party property

damage liability claims,§ 25:22

hazards contributing toaccidents, § 25:14

heavy equipment claims,§ 25:32

identification of vehicle-relatedhazards contributing toaccident, § 25:14

insured and vehicle identifica-tion, § 25:18

investigation of seriousaccident, § 25:12

liability issues, § 25:20loss of use, § 25:26outside investigation, § 25:8paperless handling, § 25:6personal line claims, § 25:3questionable injury claim,

§ 25:10salvage, towing and loss of use,

§ 25:26third party claimants, § 25:21third party injury claims,

§ 25:23third party property damage

claims, § 25:22total loss paperwork, § 25:30towing, § 25:26tractor-tralier and heavy equip-

ment claims, § 25:32trends in claim investigation,

§ 25:2unusual factors involving

alternative fuel vehicles,§ 25:33

vehicle damage appraisal,§ 25:28

vehicle identification, § 25:18

INDEX



Claim investigation—Cont’dvehicle identification and cover-

age issues, § 25:24vehicle theft claims, § 25:27

Collision and loss, distinctions,§ 22:54

Commercial auto liability policiesgenerally, § 22:85 to 22:101business coverages, generally,

§ 22:86, 22:92conditions and endorsements,

§ 22:93, 22:94cross liability and additional

insured, endorsement,§ 22:93

deductible insurance and self-insurance distinguished,§ 22:85

excess insurance, § 22:96exclusions, § 22:92garage insurance, § 22:97garagekeepers legal liability

insurance, § 22:98insuring agreements, § 22:89I.S.O. business auto policy,

§ 22:87other insurance, § 22:96physical damage coverages,

§ 22:90pollution, liability coverage for,

§ 22:88reporting claims, § 22:95symbols, business coverages,

§ 22:86trucker’s liability insurance,

§ 22:99uninsured/underinsured motor-

ist coverages, § 22:91Companies, types of, § 22:10Comparative negligence, unin-

sured motorist coverage,§ 24:14


Conditions and endorsementsgenerally, § 22:69 to 22:76accident, insured’s duty follow-

ing, § 22:69commercial auto liability poli-

cies, § 22:93, 22:94notice, issues regarding, § 22:70other duties, issues regarding,

§ 22:71other insurance clauses, § 22:75special endorsements, § 22:76standard conditions, § 22:72termination of coverage,

§ 22:73transfer of interest, § 22:74

Contract or agreement, generally,§ 22:29, 22:39, 22:47, 22:56,22:89

Cooperation with insurer, medicalpayment coverage, § 22:44

Cross liability and additionalinsured, commercial autoliability policies, § 22:93

Damage appraiser, role of, § 22:61Damage to insured auto, coverage

forgenerally, § 22:54 to 22:68add-on coverage for rental

vehicles, § 22:68applicant and respondent, role

of, § 22:65appraising amount of loss (role

of damage appraiser),§ 22:61, 22:62

checklists for physical damageclaims, § 22:66

collision and loss, definition ofterms, § 22:54

difference between collisionand loss, other than colli-sion, § 22:54

dispute resolution, appraisalprocess, § 22:62


Index-6


Damage to insured auto, coveragefor—Cont’d

exclusions, § 22:58insuring agreement, § 22:56limit of liability, § 22:59Nationwide intercompany

arbitration agreement,§ 22:64

non-owned vehicles, temporarysubstitutes, § 22:55

payment for loss and protectionof insurable interests,§ 22:60

rental vehicles, § 22:67, 22:68subrogation, § 22:63supplementary coverages

including transportation,§ 22:57

Dealership coverages, § 22:16Declarations, personal auto poli-

cies, § 22:19Deductible insurance and self-

insurance distinguished,§ 22:85

Deductibles, personal auto poli-cies, § 22:22

Definitionspersonal auto policies, § 22:24

et seq.uninsured motorist coverage,

§ 22:48Dispute resolution

appraisal process, damage toinsured auto, § 22:62

arbitration, supraDriving records, physical facts,

§ 5:13Endorsements. Conditions and

endorsements, supraExcess insurance

see also Other insuranceclauses, infra


Excess insurance—Cont’dcommercial auto liability poli-

cies, § 22:96Excluded loss, medical payment

coverage, § 22:41Exclusions

commercial auto liability poli-cies, § 22:92

damage to insured auto, cover-age for, § 22:58

liability coverage, § 22:34medical payment coverage,

§ 22:41uninsured motorist coverage,

§ 22:49, 24:12Family auto policies

as to personal auto policies. SeePersonal auto policies,infra

generally, § 22:4, 22:5duties of insurer, § 20:8lucid language forms, § 22:5omnibus clause, § 22:11

Financial responsibilityirresponsible motorist, protec-

tion against, § 24:2liability coverage, § 22:37uninsured motorist coverage,

§ 22:45Fleet coverages, § 22:13Fleet risks. See Fleet Risks (this

index)Foreign liability, § 22:17Forms, lucid language, § 22:5Garage insurance, commercial

auto liability policies,§ 22:97

Garagekeepers legal liabilityinsurance, § 22:98

Guest statutesgenerally, § 23:1, 23:2

INDEX



Guest statutes—Cont’dchecklist for investigation of

guest statute cases, § 23:2Helmet defense, § 23:20Hired vehicles

generally, § 22:15see also Rental vehicles, infra

History of auto liability insurancepolicy, § 22:2

Hit-and-run cases, protectionagainst irresponsible motor-ist, § 24:10

Indirect loss—first and third partyclaims, § 51:10

Insuring agreementscommercial auto liability poli-

cies, § 22:89damage to insured auto, cover-

age for, § 22:56liability coverage, § 22:29medical payment coverage,


§ 22:47Introduction to chapter, § 22:1Investigation of uninsured motor-

ist claimsgenerally, § 24:13 to 24:18arbitration, § 24:16claim investigation and evalua-

tion, generally, § 24:14coordination with other cover-

ages, § 24:17identifying covered parties,

§ 24:13preserving right of recovery

against tortfeasor, § 24:15property damage coverage,

§ 24:18Irresponsible motorist, protection

againstgenerally, § 24:1 to 24:18


Irresponsible motorist, protectionagainst—Cont’d

assigned risk plans, § 24:4auto insurance rating system,

§ 24:3compulsory insurance, § 24:6financial responsibility laws,

§ 24:2joint underwriting associations,

§ 24:4mandatory or compulsory insur-

ance laws, § 24:6no-fault automobile plans and

legislation, generally,§ 24:2

uninsured and underinsuredmotorist coverage

generally, § 24:7 to 24:12coordination with other

coverages, § 24:17exclusions, § 24:12hit-and-run and phantom

vehicles, § 24:10investigation of uninsured

motorist claim, supralimitations on insured’s right

to settle, § 24:11property damage coverage,

§ 24:18stacking of recoveries, § 24:8

unsatisfied judgment laws,§ 24:5

I.S.O. business auto policy,§ 22:87

I.S.O. PAP form and individualpackages, § 22:18

Laws applicable to use of, gener-ally, § 23:1 to 23:21

Legislation, § 22:7Liability coverage

generally, § 22:29 to 22:38bodily injury, § 22:30


Index-8


Liability coverage—Cont’dcommercial auto liability poli-

cies, supracovered persons and vehicles,

§ 22:32exclusions, § 22:34financial responsibility, § 22:37insuring agreement, § 22:29,

22:89limits of liability, § 22:35other insurance clause, § 22:38out-of-state coverage, § 22:36owned/non-owned and rental

problem, § 22:32property damage, § 22:31,

22:90supplementary payments,

§ 22:33Limits of liability

damage to insured auto, cover-age for, § 22:59


§ 22:42personal auto policies, § 22:21uninsured motorist coverage,

§ 22:50, 24:11Liquor law liability

generally, § 23:3 to 23:18common law defenses, § 23:12definition of intoxication,

§ 23:14dram shop and liquor control

statutes, generally, § 23:4,23:5

employer hosts, § 23:9exclusivity of dram shop

legislation, § 23:5extraterritoriality in dram shop

jurisdiction, § 23:15insurance coverage, § 23:10


Liquor law liability—Cont’dinsurance coverage for liquor

law liability, § 23:17minors or incompetent guests,

§ 23:11non-auto cases, § 23:18noninnocent participant,

§ 23:13recent trends, § 23:6social hosts and company par-

ties, § 23:7suit by intoxicated person,

§ 23:16uninvited guests, § 23:8

Lucid language forms, § 22:5Maintenance and repair, dealer-

ship coverages, § 22:16Mandatory no-fault plans, basics,

§ 22:78Mandatory or compulsory insur-

ance, § 24:6Medical payment coverage

generally, § 22:39 to 22:44cooperation with insurer,

§ 22:44excluded loss, § 22:41insuring agreement, § 22:39limits of liability, time limita-

tions, § 22:42other insurance, § 22:43who is covered, § 22:40

Negligent entrustment of vehicle,§ 23:21

No-fault laws and add-onsgenerally, § 22:77 to 22:84,

24:2add-on plans, generally, § 22:81auto reparations reform acts,

early attempts, § 22:77irresponsible motorist, protec-

tion against, supra

INDEX



No-fault laws and add-ons—Cont’d

mandatory no-fault plans,basics, § 22:78

other coverages, effect of no-fault coverage on, § 22:83

property damage, applicability,§ 22:80

states having, § 22:79structure of coverage, § 22:84tort threshold, § 22:82

Non-owned vehicles. Owned/non-owned vehicles, infra

Notice, issues regarding, § 22:70Occupying, personal auto policies,

§ 22:27Omnibus clause, personal and

family use, § 22:11On-demand service, § 22:101Other insurance clauses


conditions and endorsements,§ 22:75



§ 22:52, 24:17Out-of-state liability coverage,

§ 22:36Owned/non-owned vehicles

liability coverage, § 22:32temporary substitutes, coverage

for damage, § 22:55Payments

damage to insured auto, pay-ment for loss and protec-tion of insurable interests,§ 22:60

liability coverage, § 22:33


Payments—Cont’dmedical payment coverage,

supraPersonal auto policies

as to family auto policies. SeeFamily auto policies, supra

generally, § 22:18 to 22:27conditions and endorsements,

supradamage to insured auto, cover-

age for, supradeclarations, § 22:19deductibles, § 22:22definitions, § 22:24duties of insurer, § 20:8I.S.O. PAP form and individual

packages, § 22:18liability coverage, supralimits of liability, § 22:21medical payment coverage,

supraoccupying, § 22:27other rating factors, § 22:23other types of personal vehicles,

§ 22:28trailers, § 22:26uninsured motorist coverage,

infrawhen and where of coverage,

§ 22:20who is insured, § 22:25

Physical facts, § 5:12, 5:13Pollution, commercial auto

liability policies, § 22:88Products liability, § 32:4Property damage

see also Damage to insuredauto, coverage for, supra

checklists for physical damageclaims, § 22:66



Index-10


Property damage—Cont’dliability coverage, § 22:31,

22:90no-fault laws, applicability,


§ 24:18Rating and regulation

generally, § 22:6personal auto policies, rating

factors, § 22:23Reformation of auto insurance,

attempts, § 22:9, 22:77Rental vehicles

generally, § 22:15damage to insured auto, cover-

age for, § 22:67, 22:68liability coverage, § 22:32

Repair, dealership coverages,§ 22:16

Reporting claims, commercialauto liability policies,§ 22:95

Reserving, § 16:10Respondent, applicant and, cover-

age for damage to insuredauto, § 22:65

Self-driving vehicles, § 22:100Self-insurance and deductible

insurance distinguished,§ 22:85

Serious accident defined, § 25:12Settlement

uninsured motorist coverage,limitation on insured’sright to settle, § 24:11

Special endorsements, § 22:76Stacking problem, uninsured

motorist coverage, § 22:51,24:8

Standard conditions, § 22:72


States having no-fault laws andadd-ons, § 22:79

Subrogation, § 22:63, 24:11,43:19

Substitute vehicles, damage toinsured, § 22:55

Supplementary coverages, cover-age for damage to insuredauto, § 22:57

Supplementary payments, liabilitycoverage, § 22:33

Temporary substitutes, non-ownedvehicles, § 22:55

Termination of coverage, § 22:73Time limitations, medical payment

coverage, § 22:42Tort threshold, no-fault laws,

§ 22:82Trailers, personal auto policies,

§ 22:26Transfer of interest, § 22:74Transportation provision, coverage

for damage to insured auto,§ 22:57

Trucking coverages, § 22:14,22:99

Trucking coverages. See Trucks(this index)

Types ofgenerally, § 22:10 to 22:17auto repair and dealership

coverages, § 22:16see also other entries throughout

this topicbusiness auto insurance, supracompanies, § 22:10fleet coverages, § 22:13foreign liability, § 22:17hired or rented vehicles, insur-

ing, § 22:15omnibus clause, § 22:11

INDEX



Types of—Cont’dpersonal and family use,

omnibus clause, § 22:11trucking coverages, § 22:14

Umbrella policies, uninsuredmotorist coverage, govern-ment vehicles, § 24:7

Underinsured motorist coveragecommercial auto liability poli-

cies, § 22:91irresponsible motorist, protec-

tion against, suprauninsured distinguished,

§ 22:46Uninsured motorist coverage

generally, § 22:45 to 22:55arbitration, § 22:53commercial auto liability poli-

cies, § 22:91definitions, § 22:48exclusions, § 22:49financial responsibility laws,

reasons for, § 22:45insuring agreement, § 22:47irresponsible motorist, protec-

tion against, supralimits of liability, § 22:50other insurance, § 22:52, 24:17stacking problem, § 22:51, 24:8underinsured and uninsured

distinguished, § 22:46Universality of, § 22:8When and where of coverage,

§ 22:20Who is insured or covered

medical payment coverage,§ 22:40

personal auto policies, § 22:25

AUTOPSIESMedical information and privacy,

§ 7:8

AUTOPSY REPORTPhysical facts, § 5:16

AVIATION INSURANCEGenerally, § 49:19 et seq.Aircraft coverage, generally,

§ 49:20Background of aviation risks,

§ 49:19Delay in shipment claims, § 49:25Investigating an aviation accident,

§ 49:22Liability, selection of exposure

coverages, § 49:21Specialty risks, § 49:23

BACKACHEChronic backache syndrome,

§ 8:16

BAD FAITHGenerally, § 21:11 to 21:23Assignment of insured’s right of

action, § 21:23Claims representative, good faith

and fair dealing, § 1:15Conflict of interest between

insured and insurer, § 21:13Defense duty vs. payment duty,

§ 21:14Defenses, § 21:22Duties of insured and insurer,

§ 21:12Excess verdicts and bad faith

allegations, prevention,§ 21:21

First party bad faith, misinterpre-tation of policy contract,§ 21:19

Full faith and fair dealing concept,§ 21:2

Information, keeping insuredinformed, § 21:15

Investigation, bad faith failure toproperly hold, § 3:20


Index-12

BAD FAITH—Cont’dMisinterpretation of policy

contract, first party bad faith,§ 21:19

Negotiations in good faith,§ 21:17

Original concept, § 21:11Recent litigation involving bad

faith issues, § 21:30Recognition of first party actions

for bad faith, § 21:19Regulation of insurance industry,

§ 21:3Releases, § 18:15, 18:16Reverse bad faith, fraud or misrep-

resentation by insured,§ 21:20

Scope of policy contract, insurer’sduty when acting beyond,§ 21:18

Third parties, duties to, § 21:16Unfair claim settlement practices

statutes, § 21:27

BAILMENTSContributory or comparative

negligence as defense,§ 10:53

Custody versus bailment, § 10:49Employees, acts of, § 10:52General liability coverages, bail-

ment risk exclusions, § 26:34General principles of law, gener-

ally, § 10:47 to 10:54Inland marine insurance, bailment

liability and combinationforms, § 49:13

Kinds of bailments, § 10:48Particular bailments, § 10:54Rental versus bailment, § 10:50Theft versus bailment, § 10:51

BANKRUPTCY ORINSOLVENCY

See Reinsurance (this index)

BANKRUPTCY ORINSOLVENCY—Cont’d

Commercial risk management,§ 54:8

BENEFITSSee Workers Compensation (this

index)

BEST EVIDENCE RULEGenerally, § 10:31

BIFURCATION OF TRIALGenerally, § 10:64

BILLING RECORDSMedical information and privacy,

§ 7:6

BINDERSGenerally, § 2:10Insurance agents and brokers,

§ 38:31

BIOTECHNOLOGICAL ISSUESPhysicians, surgeons, and other

healers, § 35:29

BIRTH CERTIFICATESPhysical facts, § 5:14

BLACK BOXESAutomobiles and automobile

insurance, § 25:13

BLACK LUNG DISEASEDescription, diagnosis, prognosis


BLASTING OPERATIONSPublic or general liability claims,

§ 28:16

BLOOD-RELATED DISEASESDescription, diagnosis, prognosis


BLOOD TRANSFUSIONSHospitals, § 36:22

INDEX


BLUNT TRAUMAMuscular-skeletal systems, blunt

trauma to, § 8:17

BOATSExclusions, general liability cover-

age, § 26:6, 26:31, 26:32Marine insurance, yacht and small

craft claims, § 49:18

BODILY INJURYAutomobile insurance liability

coverage, § 22:30

BONESSee Description, Diagnosis,

Prognosis and Treatment ofSpecific Injuries andDiseases (this index)

BONE SCANDiagnostic procedure, § 8:58

BOTTLING CLAIMSProducts liability, § 32:5

BREACH OF WARRANTYPunitive damages, § 33:11

BROKERSInsurance. See Insurance Agents

and Brokers (this index)Real estate. See Real Estate

Brokers (this index)

BULK SETTLEMENTSSee Reinsurance (this index)

BULLYING AS TORTPublic or general liability claims,

§ 28:36

BURDEN OF PROOFGenerally, § 10:30

BURGLARYSee Crime, Suretyship and

Financial Claims as Casu-alty Loss (this index)

BURNSDescription, diagnosis, prognosis


BUSINESS AUTO INSURANCESee Automobiles and


BUSINESS INCOMEINSURANCE

Indirect loss—first and third partyclaims, § 51:11 et seq.

CANADIAN WORKERSCOMPENSATION

Workers compensation, § 39:54

CANCELLATION OF POLICYGenerally, § 20:24 to 20:30Automobile insurance, § 22:73Gun violence, § 20:32Nonpayment of premium, § 20:26Renewal of coverage, § 20:27Rescission, § 20:29Subrogation, § 20:30Written notice of cancellation,

§ 20:25

CARDIOVASCULAR ANDPULMONARY INJURIESAND DISEASES

See Description, Diagnosis,Prognosis and Treatment ofSpecific Injuries andDiseases (this index)

CARGOMarine. See Freight and Cargo

(this index)

CARPAL TUNNEL SYNDROMEDescription, diagnosis, prognosis


CASE LAWGeneral principles of law, § 9:16


Index-14

CASINOPublic or general liability claims,

§ 28:28

CASUAL EMPLOYEESWorkers compensation, § 39:23

CATASTROPHESDocumentation of evidence, § 4:1

CERCLAEnvironmental pollution, § 34:5,

34:19

CHANGE OF VENUEPractice and procedure, § 13:8

CHARITABLE IMMUNITYGenerally, § 12:13 to 12:15Abolishment, § 12:14Hospitals, § 36:23Insurance coverage, effect on

charitable immunity doctrine,§ 12:15

Nurses, § 36:12

CHECKLISTSSee also Automobiles and

Automobile Insurance;Products Liability (thisindex)

Architects and engineers,investigation of cases involv-ing architects and engineers,§ 38:15

Environmental pollution,investigation ofenvironmental pollutionclaims, § 34:10

Insurance agents and brokers,checklist for agents toprevent some actions for mal-practice, § 38:36

Physicians, surgeons, and otherhealers, checklist ofqualifications of insured,§ 36:27

Public or general liability claims,checklists for special

CHECKLISTS—Cont’dinvestigations, generally,§ 28:3 to 29:16

Salvage, checklist for claimsinvolving salvage, § 43:25

CHEMICAL EXPOSURESDescription, diagnosis, prognosis


CHILDREN AND MINORSSee also Intrafamily Tort

Relationships and Immuni-ties; Settlements and Settle-ment Negotiations (thisindex)

Signed and recorded statements,§ 4:5

CHRONIC PAIN SYNDROMEDescription, diagnosis, prognosis

and treatment, § 8:16, 8:25

CHURCHES AND CLERICSGenerally, § 38:16

CIVIL AERONAUTICS BOARDREPORTS

Physical facts, § 5:20

CLAIM HANDLINGPROCEDURES

Generally, § 1:7 to 1:20Attitudes toward those who suffer

a loss, § 1:19Ethics. See Claims Representa-

tive (this index)Evaluation, § 1:8Interpersonal relationships,

understanding, § 1:20Investigation, § 1:7Litigation management, § 1:10Negotiation and settlement, § 1:9Privacy, ethics of claims represen-

tative, § 1:17Reporting, § 1:8Risk management, adjuster’s role,

§ 1:11

INDEX


CLAIM HANDLINGPROCEDURES—Cont’d

Society and insurance, claimsenvironment, § 1:18

Underwriting, adjuster’s role,§ 1:11

CLAIMS ADJUSTERSSee Claims Representative (this

index)

CLAIMS REPRESENTATIVEGenerally, § 1:1 to 1:6, 38:8, 38:9Adjuster safety, § 1:23Conflict of interest, integrity and

ethics, § 1:13Criteria for professionalism, § 1:3Ethics

conflict of interest, integrity andethics, § 1:13

good faith and fair dealing,§ 1:15

historical perspective, § 1:12privacy, § 1:17responsibility and action, § 1:16unfair claims settlement

practice acts andtraditional ethics, § 1:14

Ever changing role of adjuster andclaims department, § 1:5

Good faith and fair dealing, § 1:15National Disaster Programs,

§ 1:22Privacy, § 1:17Procedures. See Claim Handling

Procedures (this index)Qualifications, § 1:3Relationship of adjuster to other

professionals, § 1:6Third parties and insureds, adjust-

er’s responsibility to, § 1:24Training and education, § 1:4Types of adjusters and claim

department structure, § 1:2Unfair claims settlement practice

acts and traditional ethics,§ 1:14

CLAIMS REVIEWS OR AUDITSGenerally, § 44:14 to 44:18

CLASS ACTIONSDocumentation of evidence, § 4:1Environmental pollution, § 34:2

COINSURANCEEvaluation and adjustment of

losses, § 50:22

COLLATERAL ESTOPPELPunitive damages, § 33:7

COLLISIONAutomobile insurance, definition

of terms, § 22:54

COLLUSIONGenerally, § 15:3

COMMERCIAL AUTOLIABILITY POLICIES

See Automobiles andAutomobile Insurance (thisindex)

COMMERCIAL GENERALLIABILITY POLICIES

See General Liability Coverages,Personal and Commercial(this index)

COMMERCIAL LOSSCOVERAGE

Property insurance claims and lossadjusting, § 50:4

COMMERCIAL LOSSCOVERAGES

Indirect loss—first and third partyclaims, § 51:7 to 51:17

COMMERCIAL RISKMANAGEMENT

Generally, § 54:1 et seq.Actuarial requirements to self-

insure or self-fund loss,§ 54:9


Index-16

COMMERCIAL RISKMANAGEMENT—Cont’d

Analysis of perils and exposures,§ 54:11

Bankruptcy, § 54:8Control of risk, § 54:12 et seq.Cost of pre-loss prevention,

§ 54:15Credit used to pay for loss, § 54:6Financial technology and new

ways of tracking commerce,§ 54:18

Hedging and pooling, § 54:10Loss control process, § 54:14Measuring efficiency of risk

management program,§ 54:17

Pre-loss cost control process,§ 54:16

Pre-loss prevention programs,§ 54:12 et seq.

Pure risk management concepts,§ 54:1

Risk cost acceptance, § 54:4, 54:5Tax offsets, § 54:7Transfer of risk, § 54:2, 54:3

COMMUNICATION SYSTEMSComputers and casualty insurance

claims, § 47:7COMPARATIVE NEGLIGENCE

Bailments, § 10:53Dentists, § 36:4Products liability, § 31:4Tort law principles, § 9:7Uninsured motorist coverage,

§ 24:14COMPENSATORY DAMAGES

Generally, § 10:13Punitive damages, compensatory

damages as prerequisite orguide, § 33:5

COMPLETED OPERATIONSSee General Liability Coverages,


COMPREHENSIVEENVIRONMENTALRESPONSE,COMPENSATION, ANDLIABILITY ACT

Environmental pollution, § 34:5,34:19

COMPROMISE ANDSETTLEMENT

See Settlements and SettlementNegotiations (this index)

COMPUTER INSURANCEIndirect loss—first and third party

claims, § 51:8

COMPUTERIZEDTOMOGRAPHY

Generally, § 8:30Diagnostic procedure, § 8:61

COMPUTERSClaims involving. See Computers

and Casualty InsuranceClaims (this index)

Investigations. See PersonalProperty Loss Investigationand Evaluation (this index)

COMPUTERS AND CASUALTYINSURANCE CLAIMS

Generally, § 47:1 to 47:50See also Crime, Suretyship and


Admissibility of computerizeddocumentation, § 47:45

Areas of casualty exposure, gener-ally, § 47:9 to 47:18

Communication systems, § 47:7Computerized aspects of business,

generally, § 47:2 to 47:8Computer related losses

generally, § 47:19 to 47:29commercial crime loss forms,

§ 47:23

INDEX


COMPUTERS AND CASUALTYINSURANCE CLAIMS—Cont’d

Computer related losses—Cont’dcommercial liability forms,

§ 47:22commercial property forms,

§ 47:21crime risks, § 47:28cyber warfare and computer

fraud, § 47:29data loss, § 47:27other forms, coverage provided

within, § 47:20software, § 47:25, 47:26special risk coverages, § 47:24

Confidentiality of data, § 47:18Customer billing, § 47:6Cyber warfare and computer

fraud, § 47:29Discoverability of computerized

documentation, § 47:44Dishonesty, § 47:17Hardware errors, § 47:15Indirect loss, § 47:10, 47:12Internal accounting and payroll

systems, § 47:3Internal human resources data

systems, § 47:4Investigation of computer-related

lossgenerally, § 47:30 to 47:42coverage aspects, § 47:35crime losses, § 47:33damages, assessing, § 47:41data-related factors, assessing,

§ 47:40evaluating and reporting cover-

age to insurer, § 47:37investigating coverage, § 47:36liability losses, § 47:34negotiations, § 47:38preventing and managing litiga-

tion, § 47:42

COMPUTERS AND CASUALTYINSURANCE CLAIMS—Cont’d

Investigation of computer-relatedloss—Cont’d

property and inland marinelosses, § 47:32

third-party claims, § 47:39type of loss, § 47:31

Loss of client data, contingentliability for, § 47:14

Physical damage, § 47:10, 47:11Robotics, § 47:8Sales and inventory, § 47:5Software errors, § 47:16Telephones, § 47:7Third-party liability, § 47:13Use and misuse of computer data

in litigation, § 47:43 to 47:45Use of computer in adjustment of

casualty claimsgenerally, § 47:46 to 47:50claim reserve and payment

records, § 47:47communications with those

involved in claims, § 47:49damage evaluations, § 47:50file reporting, § 47:48

CONDITIONS ANDENDORSEMENTS

See specific entries throughout thisindex

CONFIDENTIALITYComputers and casualty insurance

claims, § 47:18Investigations, § 3:18

CONFLICT OF INTERESTSAttorneys, § 37:19Bad faith, conflict of interest

between insured and insurer,§ 21:13

Claim representative, integrity andethics, § 1:13


Index-18

CONFLICT OF LAWSGenerally, § 10:1 to 10:3

CONFLICT RESOLUTIONSettlements and settlement negoti-

ations, § 17:47

CONGENITAL CONDITIONSMuscular-skeletal systems, § 8:15

CONSENTSee also Informed Consent (this

index)Automobile insurance, uninsured

motorist coverage, consent ofinsurer prior to settlementwith tortfeasor, § 24:11

CONSENT TO SETTLE FORMSPhysicians, surgeons, and other

healers, § 35:13

CONSEQUENTIAL DAMAGESGenerally, § 10:14

CONTACTSGenerally, § 2:6

CONTAINERSProducts liability, § 29:3

CONTINGENCY COVERAGESIndirect loss—first and third party

claims, § 51:15

CONTINGENT FEESPractice and procedure, § 13:17

CONTRACTS ANDAGREEMENTS

Generally, § 10:4 to 10:8See also Automobiles and

Automobile Insurance;Hold Harmless Agree-ments; Mary Carter Agree-ments; Privity of Contract(this index)

Exculpatory contracts, § 10:7General principles of contract law,

§ 10:5

CONTRACTS ANDAGREEMENTS—Cont’d

Insurance, effect of contractualrequirements or limitationson, § 10:8

Nonwaiver agreements, § 19:7Releases, § 18:2Subrogation, § 43:17Wrongful termination of employ-

ment, § 42:6

CONTRACTUALINVESTIGATION

Handling liability claims forgovernmental agencies andschools, § 12:18

CONTRACTUAL LIABILITYAND FIRE LIABILITYCOVERAGE

General liability coverages,§ 26:25

CONTRIBUTIONGenerally, § 43:26

CONTRIBUTORYNEGLIGENCE

Bailments, § 10:53Dentists, § 36:4Tort law principles, § 9:7

COOPERATIONSee Assistance and Cooperation

(this index)

CORN MAZESPublic or general liability claims,

§ 28:36

CORONER REPORTSMedical information and privacy,

§ 7:8

CORONER’S REPORTPhysical facts, § 5:15

CORPORATE OFFICERSWorkers compensation, § 39:18

INDEX


COST CONTAINMENTCasualty claims and litigation,

§ 6:11Medical treatment, § 7:24

COSTS AND EXPENSESSee also Indirect Loss Investiga-

tion and Evaluation (thisindex)

Directors and officers, liability forclean-up costs, § 38:21

Environmental pollution, clean-upcosts, § 34:18

Practical considerations of suitsand casualty litigation,§ 14:2, 14:20

Practice and procedure, § 13:14Rehabilitative medicine, § 8:42Reserves, reserving, and statistics,

§ 16:6, 16:25Subrogation, § 43:21

COUNSELSee Attorneys (this index)

COURT REPORTERSee Signed and Recorded State-

ments (this index)

COVERAGE PROBLEMSGenerally, § 19:1 to 19:19Adjuster creating estoppel, actions

of, § 19:14Agent creating estoppel, actions

of, § 19:14Allocation of covered and non-

covered claims, § 19:19Ambiguity in policy provisions,

§ 19:11Balancing equities, § 19:12Commercial policies, § 19:13Cumis Doctrine, problems in

expanding, § 19:6Declaratory judgment actions,

§ 19:8Disclaimer of coverage, § 19:3Environmental pollution, § 34:25

COVERAGE PROBLEMS—Cont’d

Estoppel, actions of agent oradjuster creating, § 19:14

Immediate investigation,importance of, § 19:2

Intentional acts barring coverage,§ 19:15

Nonwaiver agreements, § 19:7Overlapping coverage, § 19:17Plain language policies, § 19:9Reasonable expectations doctrine,

§ 19:10Reservation of rights, § 19:4Typical coverage problems, § 19:1Wording of letter of reservation,

§ 19:5

CRANIAL FRACTURESDescription, diagnosis, prognosis


CRASHWORTHINESSProducts liability, § 29:27, 29:28,

31:8

CREDITCommercial risk management,

§ 54:6

CRIME, SURETYSHIP ANDFINANCIAL CLAIMS ASCASUALTY LOSS

Generally, § 48:1 et seq.Burglary and theft (Mercantile

Risk) investigationgenerally, § 48:4 to 49:7

Computer theft and related crimesgenerally, § 48:13 to 49:15

Depositors forgery and relatedcrime insurance coverages

generally, § 48:16 to 49:18Fidelity claims (employee dishon-

esty) and related coveragesgenerally, § 48:19 to 49:24

Financial institution insuranceissues, § 48:34


Index-20

CRIME, SURETYSHIP ANDFINANCIAL CLAIMS ASCASUALTY LOSS—Cont’d

Related financial liability cover-ages

generally, § 48:26 to 49:28Safe burglary and robbery (com-

mercial) investigationgenerally, § 48:8 to 49:12

Types of crime insurance cover-age, § 48:1

5CRIME, SURETYSHIP ANDFINANCIAL CLAIMS ASCASUALTY LOSS

Burglary and theft (MercantileRisk) investigation

coverage investigation, § 48:5damage investigation, evalua-

tion, and negotiation,§ 48:7

liability investigation, § 48:6Computer theft and related crimes

computer crime coverage,§ 48:14

investigation of computer-re-lated crime, § 48:15

Depositors forgery and relatedcrime insurance coverages

depositors forgery coverage,§ 48:17

other crime peril coverages,§ 48:18

Fidelity claims (employee dishon-esty) and related coverages

coverage aspects of employeedishonesty/fidelity bonds,§ 48:21

general guidelines for handlingfidelity bond claims,§ 48:23

related types of bonds, § 48:24types of fidelity bonds, § 48:20underwriting criteria of surety-

ship, § 48:25Intellectual property, § 48:33

5CRIME, SURETYSHIP ANDFINANCIAL CLAIMS ASCASUALTY LOSS—Cont’d

Related financial liability cover-ages

accounts receivable or bankruptclient coverages, § 48:28

directors and officers liabilityinsurance, § 48:29

fiduciary liability insurance,§ 48:27

Residential and personal crimeloss

generally, § 48:2, 48:3investigation of residential and

personal crime loss, § 48:3types of residential and personal

crime loss, § 48:2Safe burglary and robbery (com-

mercial) investigationATM/Night depository robbery

(personal or commercialcoverages), § 48:12

coverage investigation, § 48:9investigation, evaluation, and

negotiation of amount ofloss, § 48:11

liability investigation, § 48:10

CRIMINAL ACTSWorkers compensation, § 40:61,

40:62

CROP DUSTINGProducts liability, § 32:6

CROPSProperty insurance claims and loss

adjusting, § 50:17

CROSS LIABILITYAutomobile insurance, com-

mercial auto liability policies,§ 22:93

CRUISE SHIPPublic or general liability claims,

§ 28:28

INDEX


CUMIS DOCTRINECoverage problems, § 19:6

CUMULATIVE TRAUMA TONERVOUS SYSTEM

Description, diagnosis, prognosisand treatment, § 8:27

CUSTODYBailment, custody versus, § 10:49

CYBER INDUSTRYMALPRACTICE

Generally, § 38:42

CYBER WARFARE ANDCOMPUTER FRAUD

Generally, § 47:29

DAMAGE INVESTIGATIONSSee Structural Damage

Investigation and Evalua-tion (this index)

DAMAGESSee also Compensatory Dam-

ages; Punitive Damages;Workers Compensation(this index)

Bodily injury damages, § 10:12Collateral source rule, § 10:18Consequential damages, § 10:14Constitutionality of punitive dam-

ages, § 10:16Emotional distress, § 10:23Environmental pollution, defini-

tion, § 34:16Exemplary damages, § 10:15General principles of law, gener-

ally, § 10:9 to 10:24Hedonic damages, § 10:24Joint tortfeasors liability for dam-

ages, § 10:21Loss of consortium, § 10:19Property damage, § 10:11Recovery over, § 10:22Special damages, § 10:10Survival rights, § 10:20

DAMAGES—Cont’dTechnology, damage values,

§ 53:5Treble damages, § 41:13Vicarious liability for punitive

damages, § 10:17Workers compensation, § 40:20 to

41:29Wrongful death, § 10:20, 33:8

DAMAGES INVESTIGATIONHandling liability claims for

governmental agencies andschools, § 12:20

DAMAGE TO PROPERTYSee Property Damage (this

index)

DEALERSHIP COVERAGESAutomobile insurance, § 22:16

DEATH CERTIFICATESPhysical facts, § 5:14

DEATH ON THE HIGH SEASACT (DOSHA)

Generally, § 41:11

DECEITSee Fraud and Deceit (this index)

DECLARATIONSPersonal auto policies, § 22:19

DECLARATORY JUDGMENTSSee also Practical

Considerations of Suits andCasualty Litigation (thisindex)

Coverage problems, § 19:8

DEFENSE BASE ACTGenerally, § 41:6

DEFENSESGenerally, § 9:9For particular defenses or aspects

see other lines throughoutthis index


Index-22

DEFENSES—Cont’dPhysicians, surgeons, and other

healers, § 35:21

DELAYSee Laches and Delay (this

index)

DENTAL INJURIESDescription, diagnosis, prognosis


DENTAL REPORTSMedical information and privacy,

§ 7:4

DENTISTSGenerally, § 36:1 to 36:7Contributory and comparative

negligence, § 36:4Duty of care, § 36:2Expert testimony, § 36:3Professional liability, generally,

§ 36:1 to 36:7Releases, § 36:5Sexual misconduct, § 36:7Statutes of limitations, § 36:6

DEPENDENT PROPERTY LOSSIndirect loss—first and third party

claims, § 51:15

DEPOSITIONSDiscovery, § 10:57

DESProducts liability, § 31:33

DESCRIPTION, DIAGNOSIS,PROGNOSIS ANDTREATMENT OF SPECIFICINJURIES AND DISEASES

Generally, § 8:1 to 8:65Allergies, § 8:42Angiography, diagnostic proce-

dure, § 8:51Angioplasty, diagnostic procedure,

§ 8:51Animals, injuries from, § 8:49

DESCRIPTION, DIAGNOSIS,PROGNOSIS ANDTREATMENT OF SPECIFICINJURIES AND DISEASES—Cont’d

Arthritis, role of arthritis in injuryevaluation, § 8:14

Arthroscopy, diagnostic proce-dure, § 8:56

Asbestosis, § 8:38Backache, chronic backache

syndrome, § 8:16Black lung disease, § 8:38Blood-related diseases, § 8:45Blunt trauma to muscular-skeletal

systems, § 8:17Bone scan, diagnostic procedure,

§ 8:58Brain injuries (concussions),

§ 8:22Burns, § 8:19Cardiovascular and pulmonary

injuries and diseasescardiovascular system, § 8:32heart attacks, § 8:33phlebitis, § 8:31

Carpal tunnel syndrome, § 8:27Chemical exposures, § 8:48Chronic pain syndrome, § 8:16,

8:25Common diseases, § 8:30Computerized tomography,

diagnostic procedure, § 8:61Congenital conditions of

muscular-skeletal systems,§ 8:15

Contaminated drinking waterdiseases, § 8:41

Cranial fractures, § 8:6Cumulative trauma, nervous

system, § 8:27Dental injuries, § 8:46Diagnostic procedures

angiography, § 8:51angioplasty, § 8:51

INDEX



Diagnostic procedures—Cont’darthroscopy, § 8:56bone scan, § 8:58computerized tomography,

§ 8:61electromyogram, § 8:55endoscopic examination, § 8:52intubation, § 8:52invasive procedures, § 8:50 to

8:59laparoscopic examination,

§ 8:53magnetic resonance imaging,

§ 8:62myelogram, § 8:54nerve conduction study, § 8:57noninvasive procedures, § 8:60

to 8:65ultrasound, § 8:63x-rays, § 8:60

Discs, ruptured or herniated, § 8:8Dislocations of muscular-skeletal

systems, § 8:13Elbow injuries, § 8:11Electromyogram, diagnostic pro-

cedure, § 8:55Endoscopic examination,

diagnostic procedure, § 8:52Environmental diseases.

Occupational andenvironmental diseases, infra

Eye injuries, § 8:39Food poisoning, § 8:41Fractures, § 8:3 to 8:7Gunshot wounds, § 8:17Hearing injuries, § 8:40Heart attacks, § 8:33Hepatitis, § 8:45Hernias, § 8:43Information as to injury, § 8:1


Intubation, diagnostic procedures,§ 8:52

Invasive diagnostic procedures,§ 8:50 to 8:59

Joint injuries, § 8:13Knee injuries, § 8:11Knife wounds, § 8:17Laparoscopic examination,

diagnostic procedure, § 8:53Magnetic resonance imaging,

diagnostic procedure, § 8:62Medical personnel, exposure to

disease, § 8:47Meniscus injuries, § 8:12Muscular-skeletal systems

arthritis, role of arthritis ininjury evaluation, § 8:14

backache, chronic backachesyndrome, § 8:16

blunt trauma, § 8:17congenital conditions, § 8:15cranial fractures, § 8:6discs, ruptured or herniated,

§ 8:8dislocations, § 8:13elbow injuries, § 8:11fractures, § 8:3 to 8:7gun shot, § 8:17joint injuries, § 8:13knee injuries, § 8:11knife wounds, § 8:17meniscus, § 8:12nasal fractures, § 8:6pre-existing conditions, § 8:15rotator cuff, torn, § 8:12shoulder, torn rotator cuff,

§ 8:12spinal fractures, § 8:7sprains, § 8:9strains, § 8:9, 8:10


Index-24


Muscular-skeletal systems—Cont’d

structure of human bone andmuscle, § 8:2

torn or strained muscles, § 8:10Myelogram, diagnostic procedure,

§ 8:54Nasal fractures, § 8:6Nerve conduction study,

diagnostic procedure, § 8:57Nervous system injuries

brain injuries (concussions),§ 8:22

carpal tunnel syndrome, § 8:27cumulative trauma, § 8:27description of nervous system,

§ 8:21pain. Pain, infraparalysis, § 8:29repair, neurological, § 8:28repetitive motion syndrome,

§ 8:27spinal cord injuries, § 8:23

Noninvasive diagnosticprocedures, § 8:60 to 8:65

Occupational and environmentaldiseases

allergies, § 8:42asbestosis, § 8:38black lung disease, § 8:38blood-related diseases, § 8:45contaminated drinking water

diseases, § 8:41eye injuries, § 8:39food poisoning, § 8:41hearing injuries, § 8:40hepatitis, § 8:45hernias, § 8:43pulmonary injuries and

diseases, § 8:37, 8:38


Occupational and environmentaldiseases—Cont’d

punctured lungs, § 8:37tumors, benign and malignant,

§ 8:44water, contaminated drinking

water diseases, § 8:41Pain

chronic pain syndrome, § 8:25organic causes of pain, § 8:26role of nervous system, § 8:24

Paralysis, § 8:29Phlebitis, § 8:31Plastic surgery, assessing need for,

§ 8:20Pre-existing conditions to

muscular-skeletal systems,§ 8:15

Prescriptions encountered in casu-alty claims, § 8:65

Pulmonary injuries and diseasescardiovascular and pulmonary.

Cardiovascular andpulmonary injuries anddiseases, supra

environmental diseases.Occupational andenvironmental diseases,supra

occupational diseases.Occupational andenvironmental diseases,supra

Repetitive motion syndrome,§ 8:27

Rotator cuff, torn, § 8:12Shoulder, torn rotator cuff, § 8:12Sick building syndrome, § 8:48Skeletal systems. Muscular-

skeletal systems, supra

INDEX



Skin injuriesburns, § 8:19plastic surgery, assessing need

for, § 8:20wounds, type of wounds and

repair, § 8:18Spinal fractures, § 8:7Sprains, § 8:9Strains, § 8:9, 8:10Stress, physical, mental and emo-

tionaladdiction, drug and alcoholism,

§ 8:36alcoholism, § 8:36exaggeration of symptoms,

§ 8:35factitious disorder, § 8:35malingering, § 8:35physical disease, relationship of

stress to, § 8:34post-traumatic stress, § 8:34

Temporomanibular joint dysfunc-tion (TMJ), misdiagnosis of,§ 8:46

Torn or strained muscles, § 8:10Tumors, benign and malignant,

§ 8:44Ultrasound, diagnostic procedure,

§ 8:63Water, contaminated drinking

water diseases, § 8:41Workers compensation. See

Workers Compensation(this index)

Woundsblunt trauma, gunshot or knife

wounds, § 8:17types of wounds and repair,

§ 8:18


X-rays, diagnostic procedure,§ 8:60

DESIGN DEFECTSSee Products Liability (this

index)

DIAGNOSISSee Description, Diagnosis,


DIAGNOSTIC PROCEDURESSee Description, Diagnosis,


DIAGRAMSImportance as evidence, § 4:8Physical facts, § 5:1

DIESEL ENGINESProducts liability, § 32:24

DIESEL EXHAUSTEnvironmental pollution, § 34:12

DIRECTORS AND OFFICERSGenerally, § 38:17 to 39:22Clean-up costs, liability for,

§ 38:21Indemnification, § 38:18Insurance policy, § 38:20Recent directors and officers

cases, § 38:23

DISABILITY INSURANCEGenerally, § 52:7

DISCHARGE OR RELEASESee Releases (this index)


Index-26

DISCLAIMER OF COVERAGEGenerally, § 19:3

DISCLOSUREMandatory disclosure under

federal act, § 10:60

DISCOVERYSee also Reinsurance (this index)Attorney-client privilege, § 10:61Depositions, § 10:57General principles of law, gener-

ally, § 10:55 to 10:61Interrogatories, § 10:56Mandatory disclosure under

federal act, § 10:60Reserves, § 16:29Signed and recorded statements,

§ 4:13Work product exception, § 10:59

DISCS, RUPTURED ORHERNIATED


DISEASESee Injury and Disease (this

index)

DISLOCATIONS OFMUSCULAR-SKELETALSYSTEMS


DISPUTE RESOLUTIONSee Arbitration; Automobiles

and Automobile Insurance(this index)

DOCTORSSee Physicians, Surgeons, and

Other Healers (this index)

DOCUMENTATIONIndirect loss—first and third party

claims, § 51:5

DOORS AND FIRE-RESISTANTCONSTRUCTIONMATERIALS


DRIVER IMPAIRMENTAutomobiles and automobile

insurance, § 25:15

DRIVING RECORDSPhysical facts, § 5:13

DRONESGeneral liability coverages,

personal and commercial,§ 26:65

DRUGGISTSProfessional liability, § 36:25

DRUGS AND RELATEDPRODUCTS

Abuse of drugs and alcohol, § 8:7Products liability, § 31:13 to

31:16, 31:18, 31:19, 31:23,32:7

DRY CLEANERS ANDLAUNDRIES


DUAL CAPACITY DOCTRINEWorkers compensation, § 40:53

DUAL EMPLOYMENTWorkers compensation, § 39:19

DUTIES OF INSURERGenerally, § 2:20, 20:5 to 20:8Appeal, duty to, § 20:7Defend, duty to, § 20:5Determination of insurer’s duty,

§ 20:6Limits of liability, § 20:6Personal auto policy supplemental

liability coverages, § 20:8

DUTY OF CAREDentists, § 36:2

INDEX


DUTY OF CARE—Cont’dNurses, § 36:9Tort law principles, § 9:6

EDUCATIONGenerally, § 38:24, 38:25Claims representative, § 1:4Handling liability claims, § 12:16,

12:17Handling liability claims for


Physical facts, school records andinformation, § 5:17

Sports or other athletics, studentparticipation in, § 38:25

ELBOW INJURIESDescription, diagnosis, prognosis


ELDER ABUSETechnology and security issues,

§ 53:14

ELDERLY WORKERSWorkers compensation, § 40:64

ELECTROMAGNETIC FIELDSAND STRAY VOLTAGE


ELECTROMYOGRAMDiagnostic procedure, § 8:55

ELEVATORSPublic or general liability claims,

§ 28:9

EMOTIONAL DISTRESSAttorney’s liability for emotional

distress, § 37:24Damages, § 10:23Workers compensation, § 40:34Wrongful termination of employ-

ment, § 42:11

EMOTIONAL ILLNESSPhysicians, surgeons, and other

healers, § 35:22

EMPLOYEE ASSISTANCEPROGRAMS


EMPLOYEE LEASINGWorkers compensation, § 39:21

EMPLOYMENTSee also Crime, Suretyship and

Financial Claims as Casu-alty Loss; FederalEmployer-Employee andOther Federal Legislation;Workers Compensation;Wrongful Termination ofEmployment (this index)

Bailments, acts of employees,§ 10:52

ENDORSEMENTSGenerally, § 2:9See also Automobiles and

Automobile Insurance;Public or General LiabilityPolicies and Coverages (thisindex)

General liability coverages. SeeGeneral Liability Cover-ages, Personal and Com-mercial (this index)

Products liability, vendor’sendorsement, § 29:9


ENDOSCOPIC EXAMINATIONDiagnostic procedure, § 8:52

ENGINEERSSee Architects and Engineers

(this index)

ENTERTAINMENT INDUSTRYPublic or general liability claims,

liability exposures, § 28:27


Index-28

ENTOMOLOGISTSPublic or general liability claims,

§ 28:30

ENVIRONMENTAL DISEASESSee Description, Diagnosis,


ENVIRONMENTALPOLLUTION

Generally, § 34:1 to 34:25Automobile insurance, com-


Cercla, § 34:5, 34:19Checklist, investigation of

environmental pollutionclaims, § 34:10

Class actions, § 34:2Clean-up costs, § 34:18Coverage allocation, § 34:25Damages, defined, § 34:16Diesel exhaust, § 34:12Federal Insecticide, Fungicide,

and Rodenticide Act(FIFRA), § 34:6

First-party cases, § 34:17Grounds for bringing

environmental pollutionactions, § 34:7

Insurance coverage, generally,§ 34:13 to 34:25

Investigation of environmentalpollution claims checklist,§ 34:10

Lead paint litigation, § 34:11Leaking underground storage tank

(LUST) cases, § 34:22Mass tort litigation, § 34:3Nuclear contamination, § 34:20Occurrence and accident defined,

§ 34:14State rules, § 34:4Statutes of limitations, § 34:8

ENVIRONMENTALPOLLUTION—Cont’d

Storage tanks, § 34:22Strict liability in hazardous waste

cases, § 34:9Sudden and accidental discharges,

§ 34:15

ENVIRONMENTALPROTECTION AGENCY

Fleet risks, beyond the ICC-deal-ing with the NTSB or EPA,§ 49:8

EQUIPMENT ANDMACHINERY

Evaluation and adjustment oflosses, § 50:25


ERRORSAgents and agency, liability for

errors, § 2:18

ERRORS-IN-JUDGMENTAttorneys, § 37:14

ESCALATORSPublic or general liability claims,

§ 28:10

ESTATE PLANNINGAttorneys, § 37:23

ESTOPPELSee Waiver and Estoppel (this

index)

EVALUATION ANDADJUSTMENT OF LOSSES

Generally, § 50:19 to 50:25Coinsurance, § 50:22Equipment breakdown, § 50:25Personal property losses, § 50:23Replacement cost coverage,

§ 50:22Settlement options, § 50:24

INDEX


EVALUATION ANDADJUSTMENT OF LOSSES—Cont’d

Structural damage, assessing,§ 50:21

Total losses, § 50:20

EVIDENCESee also Expert Witnesses;

Medical Information; Phys-ical Facts; Question of Lawor Fact; Spoliation of Evi-dence (this index)

Best evidence rule, § 10:31Burden of proof, § 10:30Classifications of evidence,

§ 10:26Computerized documentation,

§ 47:45Documentation

generally. See Signed andRecorded Statements(this index)

reports, § 4:2Examination under oath, § 10:58General principles of law, gener-

ally, § 10:25 to 10:37Hearsay evidence, § 10:27Investigations. See Investigations

(this index)Judicial notice, § 10:29Non-expert witness, competency

of, § 10:34Opinion versus fact, § 10:32Physicians, surgeons, and other

healers, § 35:25Preservation of evidence, § 4:12Privileged communications,

§ 10:35Products liability, § 30:28, 31:26

to 31:28Recorded statements. See Signed

and Recorded Statements(this index)

Recording statements. See Signedand Recorded Statements(this index)

EVIDENCE—Cont’dReserves, § 16:19Res gestae, § 10:28Res ipsa loquitur, § 10:33Spoliation. See Spoliation of Evi-

dence (this index)

EXAMINATIONSSee Independent Medical

Examinations (IME) (thisindex)

EXAMINATION UNDER OATHEvidence, § 10:58

EXCESS INSURANCEAutomobile. See Automobiles


General liability coverages, pri-mary insurer’s liability toexcess insurer, § 26:62

General liability coverages, pureself-insureds and multipleexcess insurers, dutiesbetween, § 26:63

Subrogation, § 43:20

EXCESS VERDICTBad faith, prevention of excess

verdicts, § 21:21

EXCLUDED LOSSAutomobile insurance medical

payment coverage, § 22:41

EXCLUSIONSAutomobile insurance. See

Automobiles andAutomobile Insurance (thisindex)

General liability coverage. SeeGeneral Liability Cover-ages, Personal and Com-mercial (this index)

Physicians, surgeons, and otherhealers, § 35:14


Index-30

EXCLUSIVE REMEDYSee Workers Compensation (this

index)

EXPECTED OR INTENDEDINJURY EXCLUSION

General liability coverages,personal and commercial,§ 26:26

EXPENSESSee Costs and Expenses (this

index)

EXPERT WITNESSESGenerally, § 10:36Choosing experts, § 5:9, 14:54Independent medical examina-

tions. See IndependentMedical Examinations(IME) (this index)

Investigations, serious claims,§ 3:17

Medical. See Independent Medi-cal Examinations (IME)(this index)



EXTERIOR INSULATION ANDFINISH SYSTEMS

Products liability investigations,§ 32:20

EXTRA EXPENSE COVERAGESIndirect loss—first and third party

claims, § 51:13

EYE INJURIESDescription, diagnosis, prognosis


FAIRGROUNDSPublic or general liability claims,

§ 28:12

FALLING OBJECTSPublic or general liability claims,

§ 28:8

FAMILY AUTO POLICIESSee Automobiles and


FARMSProperty insurance claims and loss

adjusting, § 50:17

FEDERAL ARBITRATION ACTGenerally, § 41:14

FEDERAL COURTSGeneral principles of law, § 9:14

FEDERAL EMPLOYEE’SCOMPENSATION ACT(FECA)

Generally, § 41:3

FEDERALEMPLOYER-EMPLOYEEAND OTHER FEDERALLEGISLATION

Generally, § 41:1 to 41:16Americans With Disability Act,

§ 41:2Death on the High Seas Act

(DOSHA), § 41:11Defense Base Act, § 41:6Federal Age Discrimination Act,

§ 41:16Federal Arbitration Act, § 41:14Federal Employee’s Compensa-

tion Act (FECA), § 41:3Federal Employer’s Liability Act

(FELA), § 41:4Federal Insecticide, Fungicide,

and Rodenticide Act(FIFRA), § 41:15

Federal Tort Claims Act, § 41:9Jones Act, § 41:8Longshore and Harbor Worker’s

Compensation Act, § 41:5Mccarron-Ferguson Act of 1945,

§ 41:1Merchant Marine Act, § 41:8

INDEX


FEDERALEMPLOYER-EMPLOYEEAND OTHER FEDERALLEGISLATION—Cont’d

Occupational Safety and HealthAct (OSHA), § 41:10

Racketeer Influences and CorruptOrganizations Act (RICO),§ 41:12

Treble damages, § 41:13War Hazards Compensation Act,

§ 41:7

FEDERAL EMPLOYER’SLIABILITY ACT (FELA)

Generally, § 41:4

FEDERAL IMMUNITIESGenerally, § 12:2

FEDERAL INSECTICIDE,FUNGICIDE, ANDRODENTICIDE ACT(FIFRA)

Generally, § 34:6, 41:15

FEDERAL TORT CLAIMS ACTGenerally, § 41:9

FIDELITY CLAIMS(EMPLOYEEDISHONESTY)

See Crime, Suretyship andFinancial Claims as Casu-alty Loss (this index)

FILMSSee Videos and Films (this index)

FINANCIAL CLAIMS ASCASUALTY LOSS


FINANCIAL RESPONSIBILITYSee Automobiles and


FIREPerils of. See Principals of Prop-

erty Coverage and PerilInvestigations (this index)

FIRE DEPARTMENT REPORTSPhysical facts, § 5:22

FIRE LIABILITY COVERAGEGeneral liability coverages,

§ 26:25

FIRST COME, FIRST SERVEDPunitive damages, § 33:2

FIRST PARTY BAD FAITHMisinterpretation of policy

contract, § 21:19

FIRST-PARTY CLAIMSSee Medical Aspects of Casualty

Insurance (this index)

FLEET COVERAGESAutomobile insurance, § 22:13

FLEET RISKSGenerally, § 49:2 to 49:8Beyond the ICC-dealing with the

NTSB or EPA, § 49:8Business auto coverage forms,

§ 49:3Highway vehicle exposures,

§ 49:2Investigation of liability, § 49:4,

49:7Mobile equipment issue, § 49:6Physical damage, the deductible

and stated value issue, § 49:5Risk management of the highway

risk, § 49:7

FOOD CONSUMPTIONProducts liability, food consump-

tion on premises of vendor,§ 32:8


Index-32

FOOD INDUSTRY HEALTHLIABILITY CLAIMS


FOOD POISONINGDescription, diagnosis, prognosis


FOREIGN LANGUAGESigned and recorded statements,

§ 4:5

FOREIGN LIABILITYINSURANCE

Automobile insurance, § 22:17

FORMSAutomobile insurance, lucid

language, § 22:5

FRACKINGPublic or general liability claims,

§ 28:35

FRACTURESDescription, diagnosis, prognosis

and treatment, § 8:3 to 8:7

FRAUD AND DECEITGenerally, § 15:1 to 15:13Anti-fraud statutes, § 15:16Collusion, § 15:3Conditions of policy used to fight

fraud, § 15:21Danger signals, § 15:5Evidence, documentation, § 4:1Exercising caution in investigation

of insurance fraud, § 15:14Facts of accident, fraud by claim-

ant concerning, § 15:1Iatrogeny, § 15:13Incompetence, medical fraud,

§ 15:11Index Bureau, § 15:8Injury, fraud regarding allegations

of, § 15:2Innocent coinsureds, § 15:17

FRAUD AND DECEIT—Cont’dInsured, fraudulent acts of, § 15:4Investigation of claims involving

fraud, § 15:6Medical billing fraud, § 15:10,

15:11Medical fraud, § 15:3Medical terminology, misused,

§ 15:12Overtreatment, medical fraud,

§ 15:11Parental and spousal immunities,

doctrines of, § 11:7Physicians, § 15:3Psychosomatic illness, medical

fraud, § 15:9Releases, § 15:20, 18:5Repairmen, § 15:3Reverse bad faith, § 15:17Training, § 15:15Undercover investigations, § 15:7Workers’ compensation fraud,

§ 15:18Wrongful termination of employ-

ment, § 42:10

FRAUD DETECTIONTechnology, § 53:6

FREIGHT AND CARGODelay in shipment claims, § 49:25Inland marine risks, § 49:11Ocean marine risks, § 49:17

GARAGE INSURANCEAutomobile insurance, com-


GARAGEKEEPERS LEGALLIABILITY INSURANCE


GENERAL CONTRACTORSWorkers compensation, § 39:14

INDEX


GENERAL LIABILITYCOVERAGES, PERSONALAND COMMERCIAL

Generally, § 26:1 to 26:60Additional insureds, § 26:43,

26:44Advertising injury. Personal and

advertising injury liability,infra

Bailment risk exclusions, § 26:34Commercial general liability poli-

ciesclaims-made forms, § 26:15combination of forms, § 26:13completed operations issues,

§ 26:58computer-related problems,

§ 26:57construction and contractor

liability cases, § 26:56construction wrap-up programs,

§ 26:55dangerous condition, notice of,

§ 26:51deductibles, use of high

deductibles, § 26:59employee rage, § 26:53general and other types of com-

mercial liability, § 26:16hiring, negligent, § 26:53investigating public liability

policy coverage issue,§ 26:60, 26:61

landlord and tenant issues,§ 26:52

limits, relationship of primaryto excess and umbrellacoverages, § 26:17

liquor liability issues andinvestigation, § 26:54

marketing forms, § 26:12notice of dangerous condition,

§ 26:51occurrence forms, § 26:14

GENERAL LIABILITYCOVERAGES, PERSONALAND COMMERCIAL—Cont’d

Commercial general liability poli-cies—Cont’d

premises and operations issuesand investigation, § 26:50

products issues, § 26:58types, § 26:12umbrella coverages, relation-

ship of primary to excessand umbrella coverages,§ 26:17

Completed operations. Productsand completed operationscoverage, infra

Contractual liability and fireliability coverage, § 26:25

Development of personal and pub-lic liability insurance, § 26:1

Drones, § 26:65Endorsements. Special endorse-

ments, infraExclusions, general

bailment risk, § 26:34contractual liability, § 26:27expected or intended injury,

§ 26:26liquor liability, § 26:28loading and unloading

automobiles, § 26:32mobile equipment, § 26:33nuclear hazard, § 26:36pollution, absolute pollution

exclusion, § 26:30product and completed opera-

tions, § 26:35professional services exclusion,

§ 26:37war exclusion, § 26:36workers compensation and

employers liability,§ 26:29

Expected or intended injury exclu-sion, § 26:26


Index-34


Fire liability coverage, § 26:25Investigating public liability

policy coverage issue,§ 26:60, 26:61

Liquor liability exclusion, § 26:28Mergers and acquisitions, § 26:64Mobile equipment exclusion,

§ 26:33Nuclear hazard exclusion, § 26:36Operations coverage. Premises

and operations coverage,infra

Owners and contractors protectiveliability coverage, § 26:24

Personal and advertising injuryliability

advertising injury, § 26:40exclusions, § 26:39limitations, § 26:39personal injury perils, § 26:38

Personal liability insuranceadditional coverages, § 26:5bodily injury, § 26:5comprehensive personal

liability policy, § 26:3conditions, § 26:7defense issues, § 26:5endorsements, common,

§ 26:10exclusions, § 26:6Homeowners forms, Section II,

§ 26:3insured persons and places,

§ 26:4insuring agreements, § 26:5premises medical payments,

§ 26:8problems, § 26:11property damage, § 26:5, 26:9vehicles, watercraft and aircraft

exclusions, § 26:6


Persons and territory insuredadditional insureds, § 26:43,

26:44employees, § 26:42parties defined in policy,

§ 26:41Pollution, absolute pollution

exclusion, § 26:30Premises and operations coverage

bodily injury coverage, § 26:18conditions, § 26:21definitions, § 26:20property damage coverage,

§ 26:19Premises medical payments cover-

ageconditions, § 26:46exclusions, § 26:45insuring agreements, § 26:45

Primary insurer’s liability toexcess insurer, § 26:62

Products and completed opera-tions coverage

completed operations coverage,§ 26:23

contractual liability and fireliability coverage, § 26:25

exclusion, § 26:34fire liability coverage, § 26:25owners and contractors protec-

tive liability coverage,§ 26:24

product coverage, § 26:22Professional services exclusion,

§ 26:37Public liability coverage. Com-

mercial general liability poli-cies, supra

Pure self-insureds and multipleexcess insurers, dutiesbetween, § 26:63

INDEX



Risk management, role of liabilityinsurance in commercial riskmanagement, § 26:2

Special endorsementsextending coverage, § 26:48limiting coverage, § 26:49

Territory insured. Persons andterritory insured, supra

Vehicles, watercraft and aircraftexclusions, § 26:6, 26:31,26:32

War exclusion, § 26:36Workers compensation and

employers liability exclusion,§ 26:29

GENERAL PRINCIPLES OFLAW

Generally, § 9:1 et seq.Adversarial system, § 9:3Basics of American jurisprudence,

§ 9:1 to 9:4Case or common law, § 9:1Contingency system, § 9:4Statutory law, § 9:2Tripartite defense arrangement,

§ 9:4

GENETIC TESTINGPhysicians, surgeons, and other

healers, § 35:30

GLOBAL EPIDEMICSPhysicians, surgeons, and other

healers, § 35:35

GOLFING ACCIDENTSPublic or general liability claims,

§ 28:14

GOOD FAITHSee Bad Faith (this index)

GOVERNMENTALIMMUNITIES

Generally, § 12:1 to 12:12Absolute immunity, § 12:3Defense of discretionary acts,

§ 12:9Federal immunities, § 12:2Governmental or planning acts

and quasi-immunities, § 12:6Handling liability claims for

governmental agencies andschools

contractual investigation,§ 12:18

coverage, investigation of,§ 12:17

damages investigation, § 12:20Indian reservations situations,

§ 12:23liability investigation, § 12:19schools, § 12:22settlement, § 12:21statutes, investigation of,

§ 12:16History and introduction, § 12:1Insurance coverage, effect on

immunity, § 12:12Judicial immunity, § 12:3Legislative immunity, § 12:3Ministerial or proprietary acts

versus governmental acts,§ 12:8

Municipal liability under Sec.1983, § 12:10

Police misconduct, municipalliability for, § 12:5

Punitive damages in governmentalimmunity cases, § 12:11

Riots and civil disturbances,§ 12:7

Schools. Handling liability claimsfor governmental agenciesand schools, above

State and municipal immunities,§ 12:4


Index-36

GROSS NEGLIGENCETort law principles, § 9:11

GROUP INSURANCEHealth and life coverage, § 52:3

GUEST STATUTESSee Automobiles and


GUNSHOT WOUNDSDescription, diagnosis, prognosis

and treatment, § 8:17Gun violence, § 20:32

HANDGUNSProducts liability, duty to warn,

§ 30:20

HAZARDSAutomobile and automobile insur-

ance, § 25:14

HEALTH AND LIFECOVERAGE

Accidental death and dismember-ment insurance, § 52:5

Disability insurance, § 52:7Group coverages, § 52:3Introduction, § 52:1Life insurance, generally, § 52:4Medical insurance. See Medical,

Surgical and Hospitaliza-tion Insurance (this index)

Overlaps with casualty insuranceavoiding double dip, § 52:11commercial risk management,

changing role of, § 52:10conflicts in delivery systems

and issue of choice,§ 52:13

determining who pays whatportion of loss, § 52:12

Private market, § 52:2Specialty coverages, § 52:8

HEALTH CLUB CLAIMSPublic or general liability claims,

§ 28:26

HEALTH INSURANCEPORTABILITY ANDACCOUNTABILITY ACT(HIPAA)


HEALTH MAINTENANCEORGANIZATIONS

Investigation of malpracticeclaims, § 36:33

HEARING INJURIESDescription, diagnosis, prognosis


HEARSAY EVIDENCEGenerally, § 10:27

HEART ATTACKSDescription, diagnosis, prognosis


HEAVY EQUIPMENT CLAIMSAutomobiles and automobile

insurance, § 25:32

HEDGING AND POOLINGCommercial risk management,

§ 54:10

HEDONIC DAMAGESGenerally, § 10:24

HEDONIC PRODUCTS ANDSERVICES


HELMET DEFENSEAutomobile laws, § 23:20

HEPATITISDescription, diagnosis, prognosis


INDEX


HERNIASDescription, diagnosis, prognosis


HIRED VEHICLESSee Automobiles and


HIT-AND-RUN CASESAutomobile insurance, § 24:10

HOLD HARMLESSAGREEMENTS

Generally, § 10:6Architects and engineers, § 38:12

HOSPITALIZATIONINSURANCE

See Medical, Surgical andHospitalization Insurance(this index)

HOSPITALIZED PATIENTSigned and recorded statements,

§ 4:5

HOSPITAL RECORDSImportance of hospital records to

casualty insurance claims,§ 6:12

HOSPITALSGenerally, § 36:13 to 36:24See also Physicians, Surgeons,

and Other Healers (thisindex)

Blood transfusions, § 36:22Charitable immunity, § 36:23Corporate liability, § 36:16Coverage, § 36:13Liability of hospital, § 36:15Locality rule, § 36:17Malpractice, § 7:26 to 7:28Mental patient, negligent release

of, § 36:21Ostensible agency doctrine,

§ 36:19

HOSPITALS—Cont’dPleadings, § 36:24Product/service distinction,

§ 36:20Professional liability, generally,

§ 36:13 to 36:24Records, § 36:28Standard of care, § 36:17Vicarious liability of hospital,

§ 36:18

HULL COVERAGESMarine insurance, § 49:16

HUSBAND AND WIFESee also Intrafamily Tort

Relationships and Immuni-ties (this index)

Physical facts, marriage certifi-cates, § 5:14

HYDRAULIC FRACTURINGPublic or general liability claims,

§ 28:35

IATROGENYFraud, § 15:13

IDENTITY THEFTSecurity, technology, § 53:8

ILLITERATE PERSONSSigned and recorded statements,

§ 4:5

IMESee Independent Medical

Examinations (IME) (thisindex)

IMMIGRANTSWorkers compensation, § 40:57

IMMUNITIESSee Privileges and Immunities

(this index)

IMPLIED CONTRACTSWrongful termination of employ-

ment, § 42:6


Index-38

INCOME TAX REPORTSPhysical facts, § 5:18

INCOMPETENT PERSONSSigned and recorded statements,

§ 4:5

INDEMNITYGenerally, § 2:8Directors and officers, § 38:18Reinsurance, § 45:5Workers compensation benefits,

§ 39:7

INDEPENDENT ADJUSTERSGeneral principles of law, § 10:63

INDEPENDENT CONTRACTORAgents and agency, § 10:46Independent medical examination,

examining physician as inde-pendent contractor, § 7:20


INDEPENDENT MEDICALEXAMINATION (IME)

Advice by physician, § 7:20Arranging examination, § 7:16Follow-up, § 7:18Independent contractor, examining

physician as, § 7:20Matching specialty to situation,

§ 7:15Preparing examining physician,

§ 7:17Purpose of independent medical

examination, § 7:13Report, receiving, § 7:18Selecting examining physician or

expert, § 7:14Timing, § 7:20Using IME to best advantage,

§ 7:19

INDEX BUREAUFraud, § 15:8

INDIAN RESERVATIONSHandling liability claims for


INDIRECT LOSSComputers

computers and casualty insur-ance claims, § 47:10,47:12

First and third party claims. SeeIndirect Loss—First andThird Party Claims (thisindex)

Investigation. See Indirect LossInvestigation and Evalua-tion (this index)

INDIRECT LOSSESUnusual, § 51:17

INDIRECT LOSS—FIRST ANDTHIRD PARTY CLAIMS

Generally, § 51:1 et seq.Accountants, use in claim calcula-

tion, § 51:22Business auto physical damage

forms, § 51:10Business income insurance,

§ 51:11 et seq.Calculating indirect loss claims,

§ 51:18 to 51:24Commercial loss coverages, gen-

erally, § 51:7 to 51:17Computer insurance, § 51:8Contingency coverages, § 51:15Continuing and extra expenses,

determining, § 51:19Dependent property loss, § 51:15Documentation of indirect loss,

§ 51:5Equipment breakdown insurance,

§ 51:7Extra expense coverages, § 51:13History of indirect loss insurance,

§ 51:3Indirect vs. direct loss, § 51:4

INDEX


INDIRECT LOSS—FIRST ANDTHIRD PARTY CLAIMS—Cont’d

Introduction to indirect loss,§ 51:1

Liability forms, § 51:9Net income determination,

§ 51:18Operating expenses, covered and

uncovered, § 51:21Ordinary payroll, determining,

§ 51:20Rental value coverages, § 51:14Responsibility for indirect loss,

§ 51:6Types of indirect loss, § 51:2

INDORSEMENTSSee Endorsements (this index)

INFORMATIONBad faith, keeping insured

informed, § 21:15Medical Information and

Privacy (this index)

INFORMED CONSENTAttorneys, § 37:17Physicians, surgeons, and other

healers, § 35:20

INJURY AND DISEASEAgent Orange, products liability,

§ 31:7Description, diagnosis, prognosis

and treatment of specificinjuries and diseases. SeeDescription, Diagnosis,Prognosis and Treatment ofSpecific Injuries andDiseases (this index)

Medical aspects of casualty insur-ance. See Medical AspectsOf Casualty Insurance (thisindex)

Rehabilitative Medicine. SeeRehabilitative Medicine(this index)

INLAND MARINE INSURANCEGenerally, § 49:9 et seq.Bailment liability and combination

forms, § 49:13Cargo and goods shipment,

including postal risks,§ 49:11

Floater forms, § 49:12Instrumentalities of commerce and

transportation, § 49:10Nature of, § 49:9

INNOCENT COINSUREDSFraud and deceit, § 15:17

INSULATION AND FINISHSYSTEMS

Products liability investigations,§ 32:20

INSURANCE AGENTS ANDBROKERS

Generally, § 38:26 to 39:36Actions by company against

agent, § 38:32Actions by insured against agent,

§ 38:33Actions by third parties against

agent, § 38:34Authority of insurance agent,

§ 38:28Binders, § 38:31Checklist for agents to prevent

some actions for malpractice,§ 38:36

Defenses for malpractice actions,§ 38:35

Professional liability coverage forinsurance agents, § 38:30

Ratification, § 38:29Special agents, § 38:37Standard of care, § 38:27

INSURANCE CLAIMSADJUSTERS

See Claims Representative (thisindex)


Index-40

INTELLECTUAL PROPERTYCrime, suretyship and financial

claims as casualty loss,§ 48:33

INTENTIONAL ACTSCoverage, intentional acts barring,

§ 19:15Occurrence, § 27:14Parental and spousal immunities,

doctrines of, § 11:12Workers compensation, intentional

injury, § 39:36, 40:54

INTERNATIONAL COVERAGEWorkers compensation, § 40:29

INTERNETInvestigations, internet and com-

puter services, § 3:14

INTERROGATORIESDiscovery, § 10:56

INTERVIEWSInvestigations, § 3:7 to 3:9, 40:15

to 41:40:17Workers compensation, § 40:15 to

41:17

INTRAFAMILY TORTRELATIONSHIPS ANDIMMUNITIES

Generally, § 11:1 to 11:25Husband/wife immunity doctrine

generally, § 11:14 to 11:16historical background, § 11:14married women acts, § 11:15present trends abrogating

husband/wife immunity,§ 11:16

Minor children, § 11:1Parental and spousal immunities,

doctrines ofgenerally, § 11:5 to 11:13abolition and curtailment of

parental immunity doc-trine, § 11:9

INTRAFAMILY TORTRELATIONSHIPS ANDIMMUNITIES—Cont’d

Parental and spousal immunities,doctrines of—Cont’d

collusion as factor, § 11:7death of either party, effect of,

§ 11:11emancipation, § 11:10fraud as factor, § 11:7gross negligence and drunken

driving, § 11:13history and background, § 11:5insurance, effect of, § 11:8insurance as factor, § 11:7intentional, willful and wanton

torts, § 11:12parental immunity doctrine still

effective, § 11:6Parental liability for torts of chil-

dren, § 11:2Parent-child tortious relationship,

§ 11:4Prenatal injury

generally, § 11:17 to 11:25conception, at time of, § 11:21early decisions, § 11:18pecuniary loss, recovery limited

to, § 11:23quick, when fetus is, § 11:20restriction of viability, § 11:19stillborn child, recovery for

death of, § 11:22time limited, right of action for

child born alive may be,§ 11:24

viability, § 11:25Wrongful life, child’s right of

action for, § 11:3

INTUBATIONDiagnostic procedure, § 8:52

INVESTIGATIONSGenerally, § 3:1 to 3:21

INDEX


INVESTIGATIONS—Cont’dGenerally, § 3:1-3:20; and see

other lines throughout thisindex

See also Automobiles andAutomobile Insurance;Computers; Indirect LossInvestigation and Evalua-tion; Personal PropertyLoss Investigation andEvaluation; StructuralDamage Investigation andEvaluation (this index)

Attitudes and approaches tointerviewing, § 3:10

Attorney of claimant, interview-ing, § 3:8

Aviation accident, investigating,§ 49:22

Bad faith failure to properlyinvestigate, § 3:19

Claim handling procedures, § 1:7Complicated claims, § 3:15Confidentiality, § 3:18Contacts, value of, § 3:7 to 3:9Detailed investigation, determin-

ing need, § 3:5Evidence

preservation of evidence, § 3:12protecting documentation in the

cyber age, § 3:21securing other documentation

and evidence, § 3:11spoliation of evidence, § 3:12

Expert witnesses, serious claims,§ 3:17

Exterior insulation and finishsystems, § 32:20

Fast track investigation, § 3:4Fatal claims, § 3:16, 40:42General principles. See Principles

of Property Coverage andPeril Investigation (thisindex)

Indirect investigation. SeeIndirect Loss Investigation

INVESTIGATIONS—Cont’dand Evaluation (this index)

Insulation and finish systems,§ 32:20

Insured, interviewing, § 3:7Internet and computer services,

§ 3:14Interviews, generally, § 3:7 to 3:9Order of investigation, § 3:2Organizing results, § 3:19Outside investigators and services,

§ 3:13Personal property loss investiga-

tion. See Personal PropertyLoss Investigation andEvaluation (this index)

Planning investigation, § 3:6Preservation of evidence, § 3:12Property coverage and peril

investigation principles. SeePrinciples of PropertyCoverage and PerilInvestigations (this index)

Protecting documentation in thecyber age, § 3:21

Securing other documentation andevidence, § 3:11

Spoliation of evidence, § 3:12Structural damage investigation.

See Structural DamageInvestigation and Evalua-tion (this index)

Third party claimant, interview-ing, § 3:8

Timing investigation, § 3:3Witnesses, § 3:9Workers compensation, § 40:12 to

41:19, 40:26, 40:36 to 41:43

I.S.O. INSURANCESee Automobiles and



Index-42

I.S.O. STANDARD PHYSICIANS,SURGEONS ANDDENTISTS FORM


JOINT AND SEVERALLIABILITY

Tort law principles, § 9:12

JOINT INJURIESDescription, diagnosis, prognosis


JOINT TORTFEASORSGenerally, § 10:21Damages, § 10:21Releases, § 18:11

JOINT UNDERWRITINGASSOCIATIONS

Automobile insurance, protectionagainst irresponsible motor-ist, § 24:4

JOINT VENTURESAgency, joint venture agency

liability, § 10:43

JONES ACTGenerally, § 41:8

JUDICIAL IMMUNITYGenerally, § 12:3

JUDICIAL NOTICEEvidence, § 10:29

JURISDICTIONAutomobiles, liquor law liability,

§ 23:15General principles of law, § 9:13Practice and procedure, courts and

their jurisdictions, § 13:1Workers compensation, § 39:40,

39:41

KNEE INJURIESDescription, diagnosis, prognosis


KNIFE WOUNDSDescription, diagnosis, prognosis


KNOCK-FOR-KNOCKAGREEMENTS

Subrogation, § 43:16

LABOR AND EMPLOYMENTSee Employment (this index)

LABORATORY TESTINGPhysical facts, § 5:6

LACHES AND DELAYReleases, § 18:18

LANDLORD AND TENANTCommercial general liability poli-

cies, § 26:52

LANDSCAPERSPublic or general liability claims,

§ 28:32

LAPAROSCOPICEXAMINATION

Diagnostic procedure, § 8:53

LAW REPORTING SYSTEMSSee Practical Considerations of

Suits and Casualty Litiga-tion (this index)

LAWYERSSee Attorneys (this index)

LEAD PAINTEnvironmental pollution, § 34:11

LEAKING UNDERGROUNDSTORAGE TANK (LUST)CASES

Environmental pollution, § 34:22

LEASEHOLD INTERESTCOVERAGES

Indirect lossfirst and third party claims,

§ 51:16

INDEX


LEASEHOLD INTERESTSIndirect loss

first and third party claims,§ 51:16

LEASESSee Bailments; Landlord and

Tenant (this index)

LEASING OF EMPLOYEESWorkers compensation, § 39:21

LEGISLATIONAutomobile insurance, § 22:7Bad faith, punitive damages, and

state regulationgenerally, § 21:24 to 21:27

Modification of legal doctrines,general principles of law,§ 9:15

Tort reform legislation, generalprinciples of law, § 9:18

LEGISLATIVE IMMUNITYGenerally, § 12:3

LEISURE ANDENTERTAINMENTINDUSTRY

Public or general liability claims,liability exposures, § 28:27

LEX LOCI DELICTI RULEGeneral principles of law, § 10:2

LIABILITY COVERAGESee specific entries throughout this

index

LIABILITY FORMSIndirect loss—first and third party

claims, § 51:9

LIABILITY INVESTIGATIONHandling liability claims for


LICENSING OF INSURERREPRESENTATIVES

Bad faith, punitive damages, andstate regulation, § 21:26

LIENSMedical liens in settlements and

judgments, § 6:10Practice and procedure, § 13:13

LIFE INSURANCESee Health and Life Coverage

(this index)

LIMITATIONS OF ACTIONSSee Statutes of Limitations (this

index)

LIMITS ON LIABILITYSee also Automobiles and


Products liability, § 29:6Punitive damages, limitation on

punitive damages, § 21:7

LIQUORSee also Automobiles and


Liability exclusion, generalliability coverages, § 26:28

LITIGATIONGenerally, § 9:13 et seq.For particular matters, see specific

topic headings throughoutthis index

Practical considerations. SeePractical Considerations ofSuits and Casualty Litiga-tion (this index)

LIVESTOCKProperty insurance claims and loss

adjusting, § 50:17

LONG-ARM STATUTESPractice and procedure, § 13:7


Index-44

LONGSHORE AND HARBORWORKER’SCOMPENSATION ACT

Generally, § 41:5

LOSS DATA AND ANALYSISTechnology, § 53:4

LOSS OF CONSORTIUMDamages, § 10:19Workers compensation, § 39:33

LOSS OF USEAutomobiles and automobile

insurance, § 25:26

LUCID LANGUAGEAutomobile insurance forms,

§ 22:5

LUMP SUM AND BULKSETTLEMENTS

See Reinsurance (this index)

MACHINERYSee Equipment and Machinery

(this index)

MAGNETIC RESONANCEIMAGING

Diagnostic procedure, § 8:62

MAILSigned and recorded statements,

§ 4:4

MALICIOUS PROSECUTIONAttorneys, malicious prosecution

of, § 37:25

MALPRACTICECyber industry, § 38:42Physicians, see Physicians,

Surgeons, and Other Heal-ers (this index)

MANAGED CAREAbuses, traditional patient selected

medical care, § 7:25

MANAGED CARE—Cont’dAuditing of managed care services

for quality, § 7:26Case management, § 7:23Cost containment procedures,

alternative, § 7:24Medical bill auditing, § 7:21Physicians, surgeons, and other

healers, § 35:28Pre-certification of treatment,

§ 7:22Traditional patient selected medi-

cal care, abuses, § 7:25Utilization review, § 7:22Workers compensation, reducing

exposures of loss, § 40:45

MANDATORY ORCOMPULSORYINSURANCE


MANIFESTATION THEORYOccurrence, § 27:3

MAN-MADE PERILSSee Principals of Property

Coverage and PerilInvestigations (this index)

MARINE INSURANCEGenerally, § 49:14 to 49:18Basics of ocean marine coverages,

§ 49:15Freight and general average,

§ 49:17Hull coverages, § 49:16Inland waters. See Inland Marine

Insurance (this index)Wet marine risks, nature of,

§ 49:14Yacht and small craft claims,

§ 49:18

MARRIAGE CERTIFICATESPhysical facts, § 5:14

INDEX


MARRIED WOMEN ACTSIntrafamily tort relationships and

immunities, § 11:15

MARY CARTER AGREEMENTSReleases, § 18:17

MASS TORT LITIGATIONEnvironmental pollution, § 34:3

MCCARRON-FERGUSON ACTOF 1945

Generally, § 41:1

MEDICAL, SURGICAL ANDHOSPITALIZATIONINSURANCE

Generally, § 52:6Changes in medical insurance

delivery system, § 52:9Physicians, Surgeons, and Other

Healers (this index)

MEDICAL ASPECTS OFCASUALTY INSURANCE

Generally, § 6:1 to 6:18Alternative medical treatments,

§ 6:18Alternatives to medical treatment

and surgery, § 6:17Anatomy, human anatomy as

affected by trauma, § 6:15Bodily injury, § 6:3Branches of medicine, § 6:16Branches of medicine involved in

claims, § 6:16Cost containment in casualty

claims and litigation, § 6:11Covered claims, definitions and

restrictions, § 6:3Diagnosis. See Description, Diag-

nosis, Prognosis and Treat-ment of Specific Injuriesand Diseases (this index)

Diseases. See Description, Diag-nosis, Prognosis and Treat-ment of Specific Injuriesand Diseases (this index)

MEDICAL ASPECTS OFCASUALTY INSURANCE—Cont’d

Employment-related third-partyclaims, limitations and rights,§ 6:6

First-party claimsgenerally, § 6:2insured and insurer duties in

claims process, § 6:4Futute medical requirements in

settled injury claims, § 6:13Hospital records, importance of,

§ 6:12Injuries. See Description, Diag-

nosis, Prognosis and Treat-ment of Specific Injuriesand Diseases (this index)

Injury, § 6:3Interrelationship of insurer,

insured or third party andmedical provider in claimsand litigation, § 6:8 to 6:13

Liens, medical liens in settlementsand judgments, § 6:10

Medical providersrelationship of insurer to medi-

cal providers, § 6:7role of medical provider, § 6:8selection and control of medical

provider, § 6:9Medical records, importance of,

§ 6:12Medicine, fundamentals of

medicine as applied to casu-alty claims

alternative medical treatments,§ 6:18

alternatives to medical treat-ment and surgery, § 6:17

anatomy, human anatomy asaffected by trauma, § 6:15

branches of medicine, § 6:16terminology, medical terminol-

ogy related to trauma,§ 6:14


Index-46


Medicine, fundamentals ofmedicine as applied to casu-alty claims—Cont’d

trauma, medical terminologyrelated to trauma, § 6:14

Prognosis. See Description, Diag-nosis, Prognosis and Treat-ment of Specific Injuriesand Diseases (this index)

Records, importance of medicalrecords, § 6:12

Role of insurance in addressinginjury and disease

covered claims, definitions andrestrictions, § 6:3

employment-related third-partyclaims, limitations andrights, § 6:6

first-party claims, insured andinsurer duties in claimsprocess, § 6:4

medical provider, relationshipof insurer to, § 6:7

relationship of insurer to medi-cal provider, § 6:7

third-party claims. Third-partyclaims, infra

types of casualty insurancedealing with injury anddisease, § 6:2

Terminology, medical terminologyrelated to trauma, § 6:14

Third-party claimsgenerally, § 6:2employment-related third-party

claims, limitations andrights, § 6:6

insurer’s rights, § 6:5Trauma, medical terminology

related to trauma, § 6:14Treatment. See Description,

Diagnosis, Prognosis andTreatment of Specific


Injuries and Diseases (thisindex)

Types of casualty insurance deal-ing with injury and disease,§ 6:2

MEDICAL INFORMATION ANDPRIVACY

Generally, § 7:1 to 7:11Authorizations, need for medical

authorizations and privacyissue, § 7:2

Autopsies, § 7:8Billing records, obtaining, § 7:6Coroner reports, § 7:8Covered and uncovered injuries,

sorting out, § 7:11Dental reports, obtaining, § 7:4Hospital records, § 7:5Military records, obtaining, § 7:7Need for medical authorizations

and privacy issue, § 7:2Obtaining records

billing records, medical, § 7:6dental reports, § 7:4military records, § 7:7physician medical reports, § 7:4prior medical records, § 7:7

Physician medical reports, obtain-ing, § 7:4

Prior injury records, § 7:9Prior medical records, obtaining,

§ 7:7Privacy, need for medical

authorizations and privacyissue, § 7:2

Reporting of medical information,§ 7:11

Timeline, creation of, § 7:10

MEDICAL MALPRACTICESee Physicians, Surgeons, and


INDEX


MEDICAL PAYMENTCOVERAGE


MEDICAL PROVIDERSSee Medical Aspects of Casualty


MEDICAL RECORD PRIVACYISSUES


MEDICAL RECORDSImportance of medical records to

casualty insurance claims,§ 6:12

MEDICATIONSSee Prescriptions (this index)

MEDICINESee Medical Aspects of Casualty

Insurance (this index)See also Rehabilitative Medicine

(this index)

MENISCUS INJURIESDescription, diagnosis, prognosis


MENTAL DISABILITYHospitals, negligent release of

mental patient, § 36:21

MENTAL ILLNESSPhysicians, surgeons, and other

healers, § 35:22

MENTAL OR EMOTIONALDISTRESS

See Emotional Distress (thisindex)

MERCHANT MARINE ACTGenerally, § 41:8

MILITARY RECORDSMedical information and privacy,

§ 7:7Physical facts, § 5:19

MINITRIALSAlternative dispute resolution

(A.D.R.), § 14:46

MINORSSee also Intrafamily Tort

Relationships and Immuni-ties; Settlements and Settle-ment Negotiations (thisindex)

Signed and recorded statements,§ 4:5


MISREPRESENTATIONSee Fraud and Deceit (this index)

MOBILE EQUIPMENTEXCLUSION


MOTOR VEHICLESSee Automobiles and


MULTIPLE DEFENDANTSTort law principles, § 9:12

MUNICIPALITIESGovernmental immunities, § 12:4,

12:5, 12:10

MUSCULAR-SKELETALSYSTEMS


MYELOGRAMDiagnostic procedure, § 8:54


Index-48

NASAL FRACTURESDescription, diagnosis, prognosis


NATIONAL DISASTERPROGRAMS

Claims representative, § 1:22

NATIONAL TRANSPORTATIONSAFETY BOARD

Fleet risks, beyond the ICC-deal-ing with the NTSB or EPA,§ 49:8

NATIONWIDEINTERCOMPANYARBITRATIONAGREEMENT

Automobile insurance, coveragefor damage to insured auto,§ 22:64

NATURAL PERILSSee Principals of Property

Coverage and PerilInvestigations (this index)

NCCI (NATIONAL COUNCILON COMPENSATIONINSURANCE)

See Workers Compensation (thisindex)

NEGLIGENCESee also Comparative

Negligence; ContributoryNegligence (this index)

Agency, § 10:38, 10:39General principles of law, § 9:5Parental and spousal immunities,

doctrines of, § 11:13Principles of tort law, § 9:5Products liability, § 30:2, 31:3,

31:4Punitive damages, negligence as

basis for awarding, § 33:10NEGOTIATIONS

See Settlements and SettlementNegotiations (this index)

NERVE CONDUCTION STUDYDiagnostic procedure, § 8:57

NERVOUS SYSTEM INJURIESSee Description, Diagnosis,


NET INCOMEDETERMINATION


NEWSPAPER REPORTSPhysical facts, § 5:21

NO-FAULT INSURANCESee Automobiles and


NONPAYMENT OF PREMIUMCancellation of policy, § 20:26

NOTICEPhysicians, surgeons, and other

healers, § 35:14

NOTICE OF ACCIDENT OROCCURRENCE

Generally, § 20:9 to 20:16Automobile insurance, § 22:70Disclaimer letter, § 20:15Investigation of delayed notice

cases, § 20:16Others on behalf of insured, notice

by, § 20:11Prejudice, § 20:10Timely notice, § 20:13Written notice, § 20:14

NUCLEAR HAZARDEXCLUSION


INDEX


NUISANCETort law principles, attractive

nuisance, § 9:9

NURSESGenerally, § 36:8 to 36:12Charitable immunity, § 36:12Duty of care, § 36:9Locality rule, § 36:10Professional liability, generally,

§ 36:8 to 36:12Responsibilities, § 36:11

OCCUPATIONAL ANDENVIRONMENTALDISEASES

See Description, Diagnosis,Prognosis and Treatment ofSpecific Injuries andDiseases; WorkersCompensation (this index)

OCCUPATIONAL SAFETY ANDHEALTH ACT (OSHA)

Generally, § 41:10Physical facts, OSHA reports,

§ 5:22

OCCURRENCEGenerally, § 20:1 to 20:3, 27:1 to

27:12See also Notice of Accident or

Occurrence (this index)Cause of injury determines

number of occurrences,§ 27:7

Exposure theory, § 27:4Injury in fact, § 27:6Intentional acts, § 27:14Manifestation theory, § 27:3Neither expected nor intended

from standpoint of insured,§ 27:11

Reasonable expectations doctrine,§ 27:10

Self-defense, § 20:2, 27:12Sexual molestation, § 20:3

OCCURRENCE—Cont’dStacking and proration, § 27:9Statute of limitations, § 27:8Triple-trigger theory, § 27:5Wrongful termination of employ-

ment, § 42:18, 42:23

OCEAN MARINESee Marine Insurance (this

index)

OFFICERSSee Directors and Officers (this

index)

ON-DEMAND SERVICEAutomobile coverage, § 22:101

OPERATIONS COVERAGESee General Liability Coverages,


OSTENSIBLE AGENCYDOCTRINE

Hospitals, § 36:19

OTHER INSURANCE CLAUSESSee Automobiles and


OUT-OF-STATE LIABILITYCOVERAGE


OVERLAPPING COVERAGECoverage problems, § 19:17

OWNED/NON-OWNEDVEHICLES


PAINSee Description, Diagnosis,



Index-50

PAIN—Cont’dFractures, § 7:13 to 7:15

PANDEMICSTechnology and security issues,

§ 53:12

PARALYSISDescription, diagnosis, prognosis


PARTNERSWorkers compensation, § 39:18

PAYMENTSSee Automobiles and


PERSONAL AND ADVERTISINGINJURY LIABILITY


PERSONAL AUTO POLICIESSee Automobiles and


PERSONAL INJURIESAutomobile insurance liability

coverage, § 22:30

PERSONAL LIABILITYINSURANCE


PERSONAL PROPERTYLOSSES


Home services, § 50:18

PERSONNEL MANUALSWrongful termination of employ-

ment, § 42:6

PEST CONTROLPublic or general liability claims,

§ 28:30

PHLEBITISDescription, diagnosis, prognosis


PHOTOGRAPHSSee also Videos or Films (this

index)Importance as evidence, § 4:8Physical facts, § 5:2

PHYSICAL FACTSAdvertising catalogs and

instructional materials, § 5:5Autopsy report, § 5:16Birth certificates, § 5:14Civil Aeronautics Board Reports,

§ 5:20Company engineering department,

§ 5:8Coroner’s report, § 5:15Death certificates, § 5:14Diagrams, § 5:1Driving records, § 5:13Epa reports, § 5:22Experts, choosing, § 5:9Fire department reports, § 5:22Income tax reports, § 5:18Laboratory testing, § 5:6Marriage certificates, § 5:14Military records, § 5:19Motor vehicle records, § 5:12Newspaper reports, § 5:21Osha reports, § 5:22Photographs, § 5:2Police reports, § 5:11Preliminary hearings, § 5:7Records and reports, generally,

§ 5:10 to 5:22School records and information,

§ 5:17Securing physical facts, generally,

§ 5:1 to 5:22

INDEX


PHYSICAL FACTS—Cont’dSurveys and plats, § 5:4Videos or films, § 5:3Weather reports, § 5:10Workers compensation,

importance of loss data,§ 40:28

PHYSICIAN MEDICALREPORTS

Medical information and privacy,§ 7:4

PHYSICIANS, SURGEONS, ANDOTHER HEALERS

Generally, § 35:1 to 35:35, 36:1to 36:33

See also Dentists; Nurses (thisindex)

Assisted suicide, § 35:31Basics of the physicians, surgeons

and dentists form, § 35:8Biotechnological issues, § 35:29Breach of duty, § 35:19Checklists

investigation of malpracticeclaim, § 35:27

qualifications of insured,§ 36:27

Commercial, general and profes-sional liability insurance, linkbetween, § 35:7

Consent to settle forms, § 35:13Contractual factors involved in

malpractice claims, § 35:16Contributing negligence, § 35:21Crisis, discussion of medical mal-

practice, § 35:3Defenses, § 35:21Definitions, ‘medical incidents’,

§ 35:12Druggist’s malpractice claims,

§ 36:29Emotional illness, § 35:22Evidence, § 35:25Exclusions, § 35:14

PHYSICIANS, SURGEONS, ANDOTHER HEALERS—Cont’d

Experts, § 35:25Expert testimony. See Indepen-

dent Medical Examinations(IME) (this index)

Factors indicating liability,§ 35:18

Fraud, § 15:3Genetic testing, § 35:30Global epidemics, § 35:35Health Insurance Portability and

Accountability Act (HIPAA),§ 35:32

Hospital records, § 36:28Independent medical examina-

tions. See IndependentMedical Examinations(IME) (this index)

Information to be obtained from orconcerning the injured,§ 40:22

Informed consent, § 35:20Insuring agreements, § 35:9Investigation of medical malprac-

tice claims, generally, § 36:1to 36:33

I.S.O. standard physicians,surgeons and dentists form,§ 35:5

Legislative controls on malprac-tice claims, § 35:15

Limits of liability, § 35:11Malpractice, generally, § 35:1,

35:2Managed care, § 35:28Managing the medical malpractice

claim or lawsuit, § 35:34Medical malpractice

generally, § 7:26 to 7:29, 36:1to 36:33

off-label drugs, § 7:29off-label drugs and device

promotion, § 7:29workers compensation, § 40:63


Index-52

PHYSICIANS, SURGEONS, ANDOTHER HEALERS—Cont’d

Medical record privacy issues,§ 35:32

Mental illness, § 35:22Multiple defendants, § 35:24New diseases, § 35:35Non-standard policy and speciality

insurers, § 35:6Notice, § 35:14Off-label drugs and device promo-

tion, § 7:29Persons insured, § 35:10Privacy, § 35:32Records, medical record privacy

issues, § 35:32Releases, § 18:14Second injuries, § 35:23Settlement, consent to settle

forms, § 35:13Spa and beauty treatment cases,

§ 36:32Standard of care, § 35:17Statutory controls on malpractice

claims, § 35:15Terrorism, § 35:33Wrongful death claim, § 35:26

PLASTIC SURGERYAssessing need for plastic surgery,

§ 8:20

PLATSPhysical facts, § 5:4

PLEADINGSGenerally, § 13:9General principles of law, litiga-

tion response, § 9:17Hospitals, § 36:24

POLICEGovernmental immunities, police

misconduct, § 12:5Physical facts, police reports,

§ 5:11

POLICY LIMIT PAYMENTSettlements and settlement negoti-

ations, § 17:46

POLLUTIONSee Environmental Pollution

(this index)Absolute pollution exclusion, gen-

eral liability coverage,§ 26:30

POST OFFICEInland marine insurance, postal

risks, § 49:11

PRACTICALCONSIDERATIONS OFSUITS AND CASUALTYLITIGATION

Generally, § 14:1 to 14:66See also Alternative Dispute

Resolution (A.D.R.) (thisindex)

Defense counsel, dealing withgenerally, § 14:3 to 14:41checklist in defense counsel

relationships, § 14:4checklists

defense counsel relationships,§ 14:4

litigation,checklist for suit prepara-

tion, § 14:41litigation

generally, § 14:37 to 14:41appeal, § 14:40availability of witnesses,

§ 14:37checklist for suit preparation,

§ 14:41preparation for trial, § 14:38trial and disposition, § 14:39

settlement reevaluationgenerally, § 14:5 to 14:7claim manager’s or

supervisor’s review,§ 14:7

INDEX


PRACTICALCONSIDERATIONS OFSUITS AND CASUALTYLITIGATION—Cont’d

Defense counsel, dealing with—Cont’d

settlement reevaluation—Cont’d

defense counsel’s review,§ 14:6

waiver and estoppelgenerally, § 14:8 to 14:36counterclaim actions

generally, § 14:32 to 14:35advice to insured regarding

counterclaim, § 14:35compulsory counterclaim

rule, § 14:33settlements, § 14:32subsequent to settlement,

counterclaim made,§ 14:34

declaratory judgment actionsgenerally, § 14:22 to 14:29attorney fees, § 14:28conflicts of interests,

§ 14:25multiple insureds, § 14:29nonwaiver agreement,

effect of, § 14:27permissive and discretion-

ary, § 14:23questions of fact versus

coverage, § 14:24reasonable timing, § 14:26

interpleader, § 14:30intervention, § 14:35paying policy limits into

court, § 14:31reservation of rights

generally, § 14:9 to 14:21insured’s right to hire own

counsel at ownexpense, § 14:20


Defense counsel, dealing with—Cont’d

waiver and estoppel—Cont’dreservation of rights—Cont’d

notification to plaintiff orclaimant, § 14:16

omnibus insured, § 14:17plain and unambiguous,

reservation letter mustbe, § 14:15

primary versus excessinsurer conflicts,§ 14:18

reasonable time limitation,§ 14:13

receipt of letter, § 14:11reservation letter versus

written agreement,§ 14:12

settlement by insured,§ 14:21

specific, reservation mustbe, § 14:14

unilateral instrument,§ 14:10

withdrawal from defense,§ 14:19

Law reporting systemsgenerally, § 14:42, 14:43on-line computer systems,

§ 14:43Legal expenses, § 14:2Litigation management

generally, § 14:47 to 14:61coverage issues, § 14:55demands and offers, § 14:55discovery, conducting, § 14:53experts, selection of, § 14:54litigation of casualty insurance

claims, § 14:48


Index-54


Litigation management—Cont’dnegotiation of defense fees,

§ 14:52preparing for appeal, § 14:60selection of counsel, § 14:50selection of venue, § 14:51selection of which claims to

litigate, § 14:49status and pre-trial reports,

§ 14:57Preparing for appeal, § 14:60Settlement reevaluation. Defense

counsel, dealing with, supraVerdict

preparing for excessively highverdict, § 14:60

Waiver and estoppel. Defensecounsel, dealing with, supra

PRACTICE AND PROCEDUREGenerally, § 13:1 to 13:18Advertising, § 13:18Appeal, § 13:3, 13:12Award, determination of, § 13:14Change of venue, § 13:8Claim department and defense

counsel action, § 13:15Contingent fees, § 13:17Costs, § 13:14Courts and their jurisdictions,

§ 13:1Excess as damnum, § 13:16Federal courts of appeal, § 13:3Insurance policy as evidence,

§ 13:10Liens, § 13:13Long-arm statutes, § 13:7Pleadings, § 13:9Removal of cases to federal court,

§ 13:4Service of process, § 13:5, 13:6

PRACTICE AND PROCEDURE—Cont’d

State and local courts, § 13:2Suits, generally, § 13:1 to 13:18Trial, § 13:11Waiver of proper process, § 13:6

PREJUDICEAssistance and cooperation,

§ 20:19Notice of accident or occurrence,

§ 20:10

PRE-LOSS PREVENTIONPROGRAMS

Commercial risk management,§ 54:12 et seq.

PREMISES AND OPERATIONSCOVERAGE


PREMISES MEDICALPAYMENTS COVERAGE


PREMIUMSCancellation of policy, nonpay-

ment of premiums, § 20:26

PRENATAL INJURYSee Intrafamily Tort Relation-

ships and Immunities (thisindex)

PRESCRIPTIONSCasualty claims, § 8:65

PRINCIPAL AND AGENTSee Agents and Agency (this

index)

PRIVACYClaims representative, ethics,

§ 1:17

INDEX


PRIVACY—Cont’dMedical information. See Medical

Information and Privacy(this index)


PRIVILEGEDCOMMUNICATIONS

Discovery, attorney-client privi-lege, § 10:61

Evidence, § 10:35

PRIVILEGES ANDIMMUNITIES

See also Charitable Immunity;Governmental Immunities;Intrafamily Tort Relation-ships and Immunities (thisindex)

Communications. See PrivilegedCommunication (this index)

Judicial immunity, § 12:3State and municipal immunities,

§ 12:4

PRIVITY OF CONTRACTAccountants, § 38:4Attorneys, § 37:12

PROCESS AND SERVICE OFPROCESS

See Service of Process (thisindex)

PRODUCTS AND COMPLETEDOPERATIONS COVERAGE


PRODUCTS LIABILITYGenerally, § 29:1 to 29:34Addiction to drugs, § 31:18Agent orange cases, defense,

§ 31:7Alcoholic beverages, § 32:17

PRODUCTS LIABILITY—Cont’d

Altered products, liability of origi-nal manufacturer, § 32:11

Anhydrous ammonia andammonium nitrate, § 32:28

Asbestos, § 31:32, 32:18Assumption of risk, § 31:1, 31:12,

31:27Automobiles, § 32:4Automoibile airbags, § 32:16Bottling claims, § 32:5Causal connection as defense,

§ 31:2Changes in standards, § 31:30Checklists, generally, § 32:3 to

32:13Chinese drywall, § 32:22Comparative causation defense,

§ 31:5Comparative negligence as

defense to strict liability,§ 31:4

Component parts, manufacturersof, § 29:4

Containers, § 29:3Contributory negligence defense,

§ 31:3Coverage, § 29:1Crashworthiness, § 29:27, 29:28,

31:8Crop dusting, § 32:6Dealer preparation, § 31:11Defective workmanship, § 29:2Defenses, generally, § 31:1 to

31:8Des and other drugs and products,

§ 31:33Design defects

generally, § 29:25 to 29:34alternatives in design, § 29:32checklist, § 32:9consumer expectation test,

§ 29:33crashworthiness, § 29:27, 29:28


Index-56


Design defects—Cont’dexpert testimony, § 29:34open and obvious danger,

§ 29:30seat belt defense, § 29:28state-of-the-art defense, § 29:31strict liability, § 29:29unreasonably dangerous

products, § 29:26warn, duty to, § 30:5

Diesel engines, § 32:24Doors and fire-resistant construc-

tion materials, § 32:29Drugs and related products,

§ 31:13 to 31:16, 31:18,31:19, 31:23, 32:7

Exclusions, § 29:5Expert witnesses, § 31:28Exterior insulation and finish

systems, § 32:20Federal rules of evidence, § 31:26

to 31:28Food consumption on premises of

vendor, § 32:8General checklist, § 32:3Handguns, § 31:22Hedonic products and services,

§ 32:17Hypersensitivity to certain drugs,

§ 31:16Illegal use, products designed for,

§ 31:21Infant products, § 32:24Insulation and finish systems,

§ 32:20Investigation of products liability

claims, § 32:1 et seq.Latex alergy claims, § 32:15Lead paint, § 32:14Learned intermediary doctrine,

§ 31:15Legal aspects of products liability

generally, § 29:11, 29:12


Legal aspects of products liability—Cont’d

intervening acts, § 29:12Limits of liability, § 29:6Long-arm statutes, § 31:41Manufacturer of reconditioned

products, liability of, § 31:10Market share, liability and similar

theories, § 31:31 to 31:34,32:13

Medical devices and instruments,§ 31:20

Miracle products and technology,§ 32:21

Persons insured, § 29:8Post-settlement problems, § 31:29Pre-marketing testing, § 31:17Prescription drug cases, duty to

warn in, § 31:14Products hazard, § 29:2Punitive damages, § 30:29, 31:34,

33:1 et seq.Radar detection devices, § 31:24Recall

generally, § 30:21 to 30:29,32:12

admissibility in evidence,§ 30:28

assumption of risk, § 30:27coverage from loss resulting

from recall, § 30:23defense, recall as, § 30:26duty to recall, § 30:22exclusion, § 30:24letter, § 30:25, 30:28loss resulting from recall,

coverage from, § 30:23punitive damages in recall

cases, § 30:29sistership, § 30:24

Sales, breach of warrantygenerally, § 29:13 to 29:19

INDEX



Sales, breach of warranty—Cont’dexpress warranty (UCC and

§ 2-313), § 29:14implied warranty and fitness for

particular purpose, § 29:17implied warranty and merchant-

ability code (UCC and§ 3-316), § 29:16

merchantability and fitness foruse, § 29:15

multiple grounds for sameaction, § 29:18

statute of limitations in war-ranty actions, § 29:19

Service versus product, § 31:40Spoliation of evidence, § 29:10State-of-the-art defense, § 31:6Statutes of limitations or repose

generally, § 31:37 to 31:39drug related cases, § 31:19implantations or insertions,

§ 31:39Strict liability

generally, § 29:20 to 29:24,32:2

electromagnetic fields and strayvoltage, § 29:24

insurance protection, § 29:23statutory enactments, § 29:22vendors or other suppliers,

liability of, § 29:21Subsequent modification or repair,

§ 31:25Successor corporations

generally, § 31:35, 31:36punitive damages against,

§ 31:36Superfund laws, § 31:27Territorial extension, § 29:7Three dimensional printing,

§ 32:25Tobacco, § 32:17Trampolines, § 32:27


Used, rebuilt, reconditioned, oraltered products, generally,§ 31:9 to 31:25

Vendor’s endorsement, § 29:9Warn, duty to

generally, § 30:1 to 30:20adequacy of warning, § 30:7alterations, § 30:10common knowledge dangers,

§ 30:6component part, § 30:11continuing duty to warn,

§ 30:12, 30:13defects cases, generally, § 32:10design defects, § 30:5drug cases, § 30:13 to 30:15foreseeability, § 30:3handguns, § 30:20idiosyncratic side effects in

drug cases, § 30:15known or should have known,

§ 30:3Model Act, § 30:18negligence and strict liability in

duty to warn, § 30:2open and obvious condition,

§ 30:4post-accident warnings, § 30:16pre-accident governmental stan-

dards compliance, § 30:17proximate cause of injury,

§ 30:8question of law or fact, § 30:19to whom duty is owed, § 30:9

Warranties. Sales, breach of war-ranty, supra

PROFESSIONAL LIABILITYPhysicians. Physicians, Surgeons,


PROGNOSISSee Description, Diagnosis,

Prognosis and Treatment of


Index-58

PROGNOSIS—Cont’dSpecific Injuries andDiseases (this index)

PROPERTY DAMAGESee also Automobiles and


Damages, § 10:11Reserving, § 16:13

PROPERTY INSURANCECLAIMS AND LOSSADJUSTING

Generally, § 50:1 et seq.Away from covered premises,

coverage on property,§ 50:16

Commercial lines, § 50:4Crops, § 50:17Evaluation and adjustment of

losses, § 50:19 to 50:25Farms, § 50:17Introduction to property insurance,

§ 50:1 to 50:5Livestock, § 50:17Others, coverage on property of,

§ 50:15Perils covered and excluded,

§ 50:6 to 50:13Personal lines, § 50:3Special needs coverage, § 50:17Supplemental coverage, § 50:14

PROXIMATE CAUSETort law principles, § 9:6

PUBLIC LIABILITYCOVERAGE


PUBLIC OR GENERALLIABILITY CLAIMS

Amusement parks, § 28:12Animals, § 28:15Blasting operations, § 28:16

PUBLIC OR GENERALLIABILITY CLAIMS—Cont’d

Bullying as tort, § 28:36Checklists for special investiga-

tions, generally, § 28:3 to29:16

Construction cases, § 28:11Corn mazes, § 28:36Drones, § 26:65Dry cleaners and laundries,

§ 28:31Elevators, § 28:9Entertainment industry liability

exposures, § 28:27Entomologists and pest control,

§ 28:30Escalators, § 28:10Fairgrounds, § 28:12Falling objects, § 28:8Food industry health liability

claims, § 28:25Golfing accidents, § 28:14Health club claims, § 28:26Hydraulic fracturing, § 28:35Investigation of, generally, § 28:1

to 29:16Landscapers and tree-removal

activities, § 28:32Leisure and entertainment industry

liability exposures, § 28:27Property security, § 28:17Resort, casino and cruise ship

claims, § 28:28Security liability, § 28:24Sexual harassment, § 28:13Sidewalk claims, § 28:5Special investigations, generally,

§ 28:1 to 29:16Sports events, § 28:12Sports injuries, § 28:13Stairways, § 28:7Tenancy, claims involving, § 28:4Waxed floors, § 28:6

INDEX


PUBLIC OR GENERALLIABILITY POLICIES ANDCOVERAGES


PUBLIC POLICYWrongful termination of employ-

ment, § 42:7, 42:21

PULMONARY INJURIES ANDDISEASES


PUNITIVE DAMAGESGenerally, § 10:15, 21:4 to 21:10,

33:1 to 33:17Amounts awarded, § 33:14Arbitration, punitive damages in,

§ 33:16Award and taxation of punitive

damages, § 21:6Breach of warranty, § 33:11Collateral estoppel, § 33:7Compensatory damages as prereq-

uisite or guide, § 33:5Concept of punitive or exemplary

damages, § 21:1Fines, penalties, triple damages,

and other types of punish-ment, § 21:5

First come, first served, § 33:2Full faith and fair dealing concept,

§ 21:2General principles of law, § 10:15

to 10:17Governmental immunity cases,

§ 12:11Insurability of punitive damage

awards, § 21:9Insurance for punitive damages,

§ 33:12

PUNITIVE DAMAGES—Cont’dJustification for punitive damages,

§ 33:3, 33:4Limitation on punitive damages,

§ 21:7Model Uniform Products liability,

§ 33:14Multiple exposure, § 33:1Negligence as basis for awarding

punitive damages, § 33:10Phraseology used in justifying

punitive damages, § 33:4Products liability, § 30:29, 31:34,

33:14, 33:17Public policy, § 21:4Recent litigation involving bad

faith issues, § 21:30Recent trends in punitive dam-

ages, § 33:15Regulation of insurance industry,

§ 21:3Self-funding mechanisms, § 21:10Settlement of underlying suit,

§ 33:6Strict liability, § 33:9Vicarious liability for punitive

damages, § 21:8, 33:13Wrongful death statutes, § 33:8Wrongful termination of employ-

ment, § 42:11

QUESTIONABLE INJURYCLAIM

Automobiles and automobileinsurance, § 25:10

QUESTION OF LAW OR FACTPractical considerations of suits

and casualty litigation,§ 14:24

Products liability, duty to warn,§ 30:19

RACKETEER INFLUENCESAND CORRUPTORGANIZATIONS ACT(RICO)

Generally, § 41:12


Index-60

RADAR DETECTION DEVICESProducts liability, § 31:24

RAIL TRANSPORT VS.PIPELINES

Specialty coverages, § 49:27

RATES AND RATINGSee Automobiles and


REAL ESTATE BROKERSProfessional liability, real estate

broker as fiduciary, § 38:40

RECALLSee Products Liability (this

index)

RECORDS AND RECORDINGSee also Military Records; Phys-

ical Facts; Signed andRecorded Statements (thisindex)

Physicians, surgeons, and otherhealers, medical recordprivacy issues, § 35:32

REFORMATIONAutomobile insurance, attempts to

reform, § 22:9, 22:77

REHABILITATION PROGRAMSWorkers compensation, § 40:46

REINSURANCEGenerally, § 45:1 to 45:21Arbitration, § 45:19Bankruptcy. Insolvency or bank-

ruptcy of reinsured provision,infra

Bulk settlements. Lump sum andbulk settlements, infra

Ceding company, duties andresponsibilities of, generally,§ 45:16 to 45:21

REINSURANCE—Cont’dCooperation and notice of claim or

suit clauses and claims,§ 45:20

Definition, § 45:2Following fortunes of reinsured,

§ 45:18General objectives of reinsurance,

§ 45:4History and development, § 45:1Indemnity contract, § 45:5Reinsurer’s responsibilities to ced-

ing company, § 45:17Relationship between reinsurer

and reinsured, § 45:3Self-insurance programs

generally, § 46:1 et seq.captive related problems, § 46:9captives and underwriting

pools, § 46:8claims handling procedures

generally, § 46:10 to 46:17centralized or local claims

handling, § 46:15claims settlement funding,

§ 46:14computerized communication

and analysis, § 46:17in-house claims departments,

§ 46:11outside adjusting services,

§ 46:12statistical reporting, § 46:13supervision and monitoring,

§ 46:16excess, stop loss and umbrella

policies, § 46:6experience rating and

retrospectively rated poli-cies, § 46:4

fronted and compensating bal-ance programs, § 46:7

high deductible and frontedinsurance, § 46:3

INDEX


REINSURANCE—Cont’dSelf-insurance programs—Cont’d

macro-adjusting vs. micro-adjusting, § 46:18

self-insured retentions (SIRs)and funded reserveprograms, § 46:5

Types, kinds, and plansgenerally, § 45:6 to 45:15aggregate excess-of-loss rein-

surance, § 45:10facultative reinsurance, § 45:8fronting contracts, § 45:13government reinsurance-related

programs, § 45:15other types of reinsurance

contracts, § 45:14property catastrophe reinsur-

ance contract, § 45:12quota share reinsurance, § 45:7surplus reinsurance, § 45:9working excess reinsurance,

§ 45:11Utmost good faith, § 45:16

RELEASESGenerally, § 18:1 to 18:18Assignment of insured’s claim for

bad faith, § 18:16Bad faith, § 18:15, 18:16Contractual aspects, § 18:2Death claims, § 18:13Execution of release forms, § 18:4Fairly and knowingly made,

§ 18:7Forms, § 18:3, 18:4Fraud, § 15:20, 18:5In full satisfaction of all claims,

§ 18:8Indecent haste, § 18:6Joint tortfeasors, § 18:11Laches, § 18:18Malpractice by doctors, § 18:14Mary Carter Agreements, § 18:17

RELEASES—Cont’dMistake concerning injuries or

facts, § 18:9New developments, § 18:1Respondeat superior, § 18:10Uniform Contribution Acts,

§ 18:12

RENEWABLE ENERGYMETHODS

Specialty coverages, § 49:26

RENEWALCancellation of policy, § 20:27

RENTALSSee also Automobiles and


Bailment, rental versus, § 10:50Indirect loss—first and third party

claims, § 51:14

RENTAL VEHICLESSee Automobiles and


REPAIRMENFraud, § 15:3

REPAIRSAutomobile insurance, dealership

coverages, § 22:16

REPETITIVE MOTIONSYNDROME


REPLACEMENT COSTCOVERAGE


REPORTS AND REPORTINGGenerally, § 44:1 to 44:13See also Physical Facts (this

index)


Index-62

REPORTS AND REPORTING—Cont’d

Casualty claim investigationreport outline (other thancompensation), § 44:7

Claim handling procedures,reporting, § 1:8

Claims reviews or audits, § 44:14to 44:18

Commercial auto liability policies,reporting claims, § 22:95

Compensation claim investigationreport outline, § 44:9

Computerized reporting systems,§ 44:13

Dictating report, § 44:5Final reports, § 44:12Interim reports, § 44:11Manner and form of reporting,

§ 44:4Medical information, § 7:11Necessity for reporting, § 44:2,

44:3Objectionable material, § 44:6Promptness in reporting, § 44:3Special report outlines, § 44:10Suits, § 44:8

RESCISSIONCancellation of policy, § 20:29

RESERVATION OF RIGHTSSee Practical Considerations of

Suits and Casualty Litiga-tion (this index)

RESERVES, RESERVING, ANDSTATISTICS

Generally, § 16:1 to 16:32Actual claim reserves, § 16:5Additional factors to consider in

reserving policy, § 16:18Admissibility of reserves in evi-

dence, § 16:19Auditing, self-insured claim

reserve, § 16:32

RESERVES, RESERVING, ANDSTATISTICS—Cont’d

Automobile and general liabilityclaim reserving, § 16:10

Average reserves, § 16:24Claim department responsibility,

§ 16:21Claim expenses, § 16:25Claim inventory or reserve

reconciliation, § 16:16Claim statistics, § 16:20Computer Age, § 16:28Definition of reserves, § 16:1Delayed reserving system, § 16:8Discovery of reserves, § 16:29Expense reserves, § 16:6Fatal cases reserving, § 16:12Incurred but not reported reserves

(IBNR), § 16:4Liability suit reserving, § 16:11One-shot cases, § 16:7Prompt reserving, importance of,

§ 16:9Property damage claims reserving,

§ 16:13Reducing outstanding reserves,

§ 16:17Revisions, § 16:15Self-insured claim reserve audit-

ing, § 16:32Settlement figures, § 16:26Statistical forms, § 16:27Suits, § 16:23Unearned premium reserves,

§ 16:3Various types of claims reserves,

§ 16:2Workers Compensation cases

reserving, § 16:14RES GESTAE

Generally, § 10:28RESIDENTIAL AND PERSONAL

CRIME LOSSSee Crime, Suretyship and

Financial Claims as Casu-

INDEX


RESIDENTIAL AND PERSONALCRIME LOSS—Cont’d

alty Loss (this index)

RES IPSA LOQUITURGenerally, § 10:33

RESORTSPublic or general liability claims,

§ 28:28

RESPIRATORY DISEASESWorkers compensation, § 40:31

RESPONDEAT SUPERIORAgents and agency, § 10:38Releases, § 18:10

RETURN TO WORKPROGRAMS


REVERSE BAD FAITHFraud and deceit, § 15:17Fraud or misrepresentation by

insured, § 21:20

RIOTS AND CIVILDISTURBANCES

Governmental immunities, § 12:7

RISK MANAGEMENTCommercial Risk Management

(this index)Role of liability insurance in com-

mercial risk management,§ 26:2


ROBOTICSAutomobile coverage, § 22:100Computers and casualty insurance

claims, § 47:8

ROTATOR CUFF, TORNDescription, diagnosis, prognosis


SAFE BURGLARY ANDROBBERY(COMMERCIAL)INVESTIGATION


SALESSee Products Liability (this

index)

SALVAGEGenerally, § 43:24, 43:25Checklist for claims involving

salvage, § 43:25

SCHOOLSSee Education (this index)

SEAT BELT DEFENSEGenerally, § 23:19Products liability, design defects,

§ 29:28

SECOND INJURIESPhysicians, surgeons, and other

healers, § 35:23

SECURITYIdentity theft, § 53:8Technology

customers, security liability to,§ 53:10

identity theft, § 53:8liability issues, § 53:9terrorism, § 53:11

SECURITY LIABILITYPublic or general liability claims,

§ 28:24

SELF-DEFENSEOccurrence, § 20:2, 27:12

SELF-DRIVING VEHICLESGenerally, § 22:100

SELF-INSURANCESee also Reinsurance (this index)


Index-64

SELF-INSURANCE—Cont’dAutomobile insurance, self-insur-

ance and deductible insur-ance distinguished, § 22:85

General liability coverages, pureself-insureds and multipleexcess insurers, dutiesbetween, § 26:63

Punitive damages, self-fundingmechanisms, § 21:10

SERIOUS ACCIDENTAutomobiles and automobile

insurance, § 25:12

SERVICE OF PROCESSPractice and procedure, § 13:5,

13:6Waiver and estoppel, § 13:6

SETTLEMENT ANDSETTLEMENTNEGOTIATIONS


SETTLEMENTS ANDSETTLEMENTNEGOTIATIONS

Generally, § 17:1 to 17:41See also Arbitration;

Automobiles andAutomobile Insurance;Practical Considerations ofSuits and Casualty Litiga-tion; Reinsurance (thisindex)

Advance paymentsgenerally, § 17:25 to 17:35admission of liability, § 17:30advantages, § 17:26choosing cases, § 17:27closing the case, § 17:34follow-up, § 17:33legal aspects of making advance

payments, § 17:35limitations, § 17:28

SETTLEMENTS ANDSETTLEMENTNEGOTIATIONS—Cont’d

Advance payments—Cont’dmethod of payment, § 17:29statute of limitations, § 17:32written permission to settle,

§ 17:31Attorneys, negotiating with,

§ 17:16Automobiles. See Automobiles


Bodily injury claims, evaluating,§ 17:7, 17:8

Claimant’s attorney, dealing with,§ 17:6

Claim handling procedures, § 1:9Conflict resolution, § 17:47Control, § 17:11Death cases, maintaining control

of, § 17:12Decisions concerning evaluation,

§ 17:10Demands made after settlement,

§ 17:4First-call settlements, § 17:2General rules concerning settle-

ments, § 17:3Handling liability claims for


Insured, settlement by, § 20:17Minors, disposition of injury

claims involvinggenerally, § 17:17 to 17:24claim handling-deductible or

self insured, § 17:24closing records, § 17:23court approval, settlement with,

§ 17:22emancipated child, § 17:21indemnification release, § 17:19investigation, § 17:20medical information, § 17:18

INDEX


SETTLEMENTS ANDSETTLEMENTNEGOTIATIONS—Cont’d

Offer versus demand, § 17:14Physicians, surgeons, and other

healers, consent to settleforms, § 35:13

Policy limit payment, § 17:46Positive settlement negotiations

Generally, § 17:41conflict resolution, § 17:47court allocation of available

coverage limits, § 17:46policy limit payment, § 17:46

Proper approach to settlementnegotiations, § 17:13

Protecting medical bills, § 17:5Release, obtaining, § 17:15Reserves, reserving, and statistics,

§ 16:26Settlement range, establishing,

§ 17:9State unfair claim settlement

practice statutes, § 21:27Structured settlements

generally, § 17:36 to 17:40legal aspects, § 17:38Model Structured Settlement

Act, § 17:39tax considerations, § 17:37workers compensation cases,

§ 17:40, 39:48Technology, § 53:7Workers compensation, § 40:43

SEX AND SEXUAL MATTERSSee also Physicians, Surgeons,


Accident and occurrence, sexualmolestation, § 20:3

Dentists, sexual misconduct,§ 36:7

Harassment on the job. See SexualHarassment (this index)

Misconduct, generally, § 38:39

SEXUAL HARASSMENTSee also Wrongful Termination

of Employment (this index)Public or general liability claims,

§ 28:13Workers compensation, § 39:37

SHIPS AND SHIPPINGSee Inland Marine Insurance;

Marine Insurance (thisindex)

SHOULDERTorn rotator cuff, description,

diagnosis, prognosis andtreatment of, § 8:12

SICK BUILDING SYNDROMEDescription, diagnosis, prognosis


SIDEWALK CLAIMSPublic or general liability claims,

§ 28:5

SIGNED AND RECORDEDSTATEMENTS

Generally, § 4:1 to 4:13Accident reports, § 4:4Approach to interview with wit-

ness, § 4:3Children, statements taken from,

§ 4:5Court reporter, statements taken

bygenerally, § 4:4rules for court reporter state-

ments, § 4:11Diagrams, photos, importance,

§ 4:8Discovery in litigation, § 4:13Ease, placing interviewee at, § 4:7Foreign language statements,

§ 4:5Illiterate witness, § 4:5Mail, statements obtained by,

§ 4:4


Index-66

SIGNED AND RECORDEDSTATEMENTS—Cont’d

Narrative statement, obtaining,§ 4:9

Negative signed statements, § 4:1Preparing and planning statement,

§ 4:6Preservation/spoliation of evi-

dence, § 4:12Purpose of statements, § 4:3Recording devices, statements

taken byrules for recorded statements,

§ 4:20telephone recording devices,

§ 4:4Translator’s affidavit, § 4:5Types of statements, § 4:4

SKELETAL SYSTEMSSee Description, Diagnosis,


SKIN INJURIESSee Description, Diagnosis,


SPA AND BEAUTYTREATMENT CASES

Malpractice, § 36:32

SPECIAL AGENTSInsurance agents and brokers,

§ 38:37

SPECIAL DAMAGESGenerally, § 10:10

SPECIAL ENDORSEMENTSSee General Liability Coverages,



SPECIAL INVESTIGATIONSSee Public or General Liability

Claims (this index)

SPECIAL NEEDS COVERAGEProperty insurance claims and loss

adjusting, § 50:17

SPECIALTY COVERAGESAviation insurance, § 49:23Health and life insurance, § 52:8Pipelines and tunnels, § 49:26.50Rail transport vs. pipelines,

§ 49:27Renewable energy methods,

§ 49:26

SPINAL FRACTURESDescription, diagnosis, prognosis


SPOLIATION OF EVIDENCEGenerally, § 10:37Documentation, § 4:12Investigations, § 3:12Products liability, § 29:10

SPORTSEducators, § 38:25Public or general liability claims,

§ 28:12, 28:13

SPOUSAL DERIVATIVE SUITSWorkers compensation, § 40:52

SPRAINSDescription, diagnosis, prognosis


STACKINGUninsured motorist coverage,

§ 22:51, 24:8

STAIRWAYSPublic or general liability claims,

§ 28:7

STANDARD OF CAREAccountants and auditors, § 38:2Attorneys, § 37:13

INDEX


STANDARD OF CARE—Cont’dHospitals, § 36:17Insurance agents and brokers,

§ 38:27

STATE COURTSGeneral principles of law, § 9:14

STATE IMMUNITIESGenerally, § 12:4

STATEMENTSSee Signed and Recorded State-

ments (this index)

STATE REGULATION ANDCONTROL

Generally, § 2:2Automobile insurance, no-fault

laws, § 22:79Bad faith, punitive damages, and

state regulation, § 21:24 to21:27

STATE RULESEnvironmental pollution, § 34:4

STATISTICSSee Reserves, Reserving, and

Statistics (this index)

STATUTES OF LIMITATIONSArchitects and engineers, § 38:13,

38:14Attorneys, § 37:21Defaults, § 9:21Dentist malpractice claims, § 36:6Environmental pollution, § 34:8Generally, § 9:20, 9:21Occurrence, § 27:8Products liability. See Products

Liability (this index)Settlements and settlement negoti-

ations, § 17:32Tort law principles, § 9:8

STATUTORY MATTERSGenerally, § 10:62

STORAGE TANKSEnvironmental pollution, § 34:22

STRAINSDescription, diagnosis, prognosis

and treatment, § 8:9, 8:10

STRESSSee also Emotional Distress (this

index)Workers compensation, non-

mental stress related claims,§ 40:35

STRESS, PHYSICAL, MENTALAND EMOTIONAL


STRICT LIABILITYSee also Nuisance; Products

Liability (this index)Environmental pollution, § 34:9Punitive damages, § 33:9Tort law principles, § 9:10

STRUCTURAL DAMAGE,ASSESSING


STRUCTURED SETTLEMENTSSee Settlements and Settlement

Negotiations (this index)

SUBDIVISIONS OF INSURANCECOMPANY

Generally, § 2:3

SUBROGATIONGenerally, § 43:1 to 43:23Agreement, § 43:17Applicable insurance lines, § 43:3Apportionment, § 43:20Arbitration, § 43:18Automobile insurance, § 22:63,

24:11, 43:19


Index-68

SUBROGATION—Cont’dCancellation of policy, § 20:30Deductible feature of collision

policy, § 43:19Defenses to subrogation actions,

§ 43:9Excess carrier, § 43:20General principles of law, § 9:19Knock-for-knock agreements,

§ 43:16Loan receipts, § 43:12Maintaining subrogable right of

recovery, § 7:27Practicable application of subroga-

tion rights, § 43:13Pursuing subrogation, § 7:28Receipt, § 43:15Recent cases involving subroga-

tion, § 43:22Recovery expenses, § 43:21Right of action, § 43:8Sample form lien letters, § 43:6Third-party recovery, § 43:4Third-party settlement by insured,

§ 43:5Voluntary payment, § 43:10Waiver of subrogation rights,

§ 43:11Wording of policy, § 43:2Workers compensation, § 39:49,

40:3, 40:19, 43:23SUBSTITUTE VEHICLES

Automobile insurance, damage toinsured vehicles, § 22:55

SUCCESSOR CORPORATIONSSee Products Liability (this

index)SUDDEN AND ACCIDENTAL

DISCHARGESEnvironmental pollution, § 34:15

SUPPLEMENTARYCOVERAGES

Automobile insurance, coveragefor damage to insured auto,§ 22:57

SUPPLEMENTARYCOVERAGES—Cont’d

Property insurance claims and lossadjusting, § 50:14

SUPPLEMENTARY PAYMENTSAutomobile insurance liability

coverage, § 22:33

SURETYSHIPSee Crime, Suretyship and


SURGEONSSee Physicians, Surgeons, and


SURGICAL INSURANCESee Medical, Surgical and

Hospitalization Insurance(this index)

SURVEYSPhysical facts, § 5:4

TAX OFFSETSCommercial risk management,

§ 54:7

TECHNOLOGY ANDSECURITY ISSUES

Generally, § 53:1 to 53:14Administration of insurance,

§ 53:3Claim reporting, § 53:7Damage values, § 53:5Elder abuse, § 53:14Fraud detection, § 15:19, 53:6Litigation management, § 53:7Loss data and analysis, § 53:4Pandemics, § 53:12Security

customers, security liability to,§ 53:10

identity theft, § 53:8liability issues, § 53:9terrorism, § 53:11

INDEX


TECHNOLOGY ANDSECURITY ISSUES—Cont’d

Settlement, § 53:7

TELEPHONESComputers and casualty insurance

claims, § 47:7Recording devices, § 4:4

TEMPORARY EMPLOYEEAgents and agency, § 10:41

TEMPOROMANIBULAR JOINTDYSFUNCTION (TMJ)

Misdiagnosis of TMJ, § 8:46

TENANTSee Landlord and Tenant (this

index)

TERMINATION OFEMPLOYMENT

See Wrongful Termination ofEmployment (this index)

TERMINATION OF POLICYSee Cancellation of Policy (this

index)

TERRORISMPhysicians, surgeons, and other

healers, § 35:33Technology, security, § 53:11

THEFTSee also Crime, Suretyship and


Bailment, theft versus, § 10:51

THIRD PARTIESSee also Subrogation (this index)Accountants and auditors, liability

to third parties, § 38:4Adjuster’s responsibilities to third

parties, § 1:24Bad faith, duties to third parties,

§ 21:16Computers and casualty insurance

claims, § 47:13

THIRD PARTIES—Cont’dInsurance agents and brokers,

actions by third partiesagainst agent, § 38:34

THIRD PARTY CLAIMANTS.See automobiles andautomobile insurance, thisindex

THIRD-PARTY CLAIMSSee Medical Aspects of Casualty


TOBACCOProducts liability, § 32:17

TORT REFORM LEGISLATIONGeneral principles of law, § 9:18

TORTSSee also Intrafamily Tort

Relationships and Immuni-ties; Joint Tortfeasors;Wrongful Termination ofEmployment (this index)

Automobile insurance, no-faultlaws, § 22:82

Environmental pollution, mass tortlitigation, § 34:3

Principles of tort law, § 9:5 to9:12

TOTAL LOSSAutomobiles and automobile

insurance, § 25:30Evaluation and adjustment of

losses, § 50:20

TRAILERSAutomobile insurance, personal

auto policies, § 22:26

TRAMPOLINESProducts liability, § 32:27

TRANSFER OF INTERESTAutomobile insurance, § 22:74


Index-70

TRANSFER OF RISKCommercial risk management,

§ 54:2, 54:3

TRANSLATOR’S AFFIDAVITSigned and recorded statements,

§ 4:5

TRANSPORTATIONAutomobile insurance, damage to

insured auto: providingtransportation, § 22:57

TRANSPORTATION-RELATEDCASUALTY CLAIMS

Generally, § 49:1 et seq., 49:2 to49:8

See also Aviation Insurance;Inland Marine Insurance;Marine Insurance (thisindex)

Business auto coverage forms,§ 49:3

Highway vehicle exposures,§ 49:2

Investigation of liability, § 49:4,49:7

Mobile equipment issue, § 49:6Physical damage, the deductible

and stated value issue, § 49:5Risk management of the highway

risk, § 49:7

TRAUMAMedical terminology related to

trauma, § 6:14

TREATMENTSee Description, Diagnosis,


TREBLE DAMAGESGenerally, § 41:13

TREE-REMOVALPublic or general liability claims,

§ 28:32

TRIALBifurcation of trial, § 10:64Practice and procedure, § 13:11

TRIGGER ISSUELiability insurance, § 2:21

TRIPLE-TRIGGER THEORYOccurrence, § 27:5

TRUCKSAutomobile insurance, § 22:14,

22:99Fleet vehicles. See Fleet Risks

(this index)

TUMORS, BENIGN ANDMALIGNANT


24 HOUR COVERAGE PLANSWorkers compensation, reducing

exposures of loss, § 40:49

UBERAutomobile coverage, § 22:101

ULTRASOUNDDiagnostic procedure, § 8:63

UMBRELLA POLICIESAutomobile insurance, uninsured

motorist coverage, govern-ment vehicles, § 24:7

Reinsurance, § 46:6Wrongful termination of employ-

ment, § 42:15

UNDERCOVERINVESTIGATIONS

Fraud and deceit, § 15:7

UNDERGROUND CAVE-IN ORENCLOSURE COLLAPSE


INDEX


UNDERINSURED MOTORISTCOVERAGE


UNDERWRITERSJoint underwriting associations,

protection againstirresponsible motorist, § 24:4

UNINSURED ANDUNDERINSUREDMOTORIST COVERAGE


UNSATISFIED JUDGMENTLAWS

Irresponsible motorist, protectionagainst, § 24:5

VEHICLE IDENTIFICATIONAutomobiles and automobile

insurance, § 25:18, 25:24

VEHICLESExclusions, general liability cover-

age, § 26:6, 26:31, 26:32

VEHICLE THEFTAutomobiles and automobile

insurance, § 25:27

VENUEGeneral principles of law, § 9:13Practice and procedure, change of

venue, § 13:8Selection of venue, § 14:51

VERDICTSPreparing for excessively high

verdict, § 14:60

VICARIOUS LIABILITYHospitals, § 36:18Punitive damages, § 10:17, 21:8,

33:13

VIDEOS OR FILMSImportance as evidence, § 4:4Physical facts, § 5:3

VIOLENCEWorkers compensation, § 40:61

WAIVER AND ESTOPPELSee also Practical

Considerations of Suits andCasualty Litigation (thisindex)

Coverage problems, § 19:7, 19:14Process, § 13:6Subrogation rights, § 43:11

WAR HAZARDSCOMPENSATION ACT

Generally, § 41:7

WARNINGSSee Products Liability (this

index)

WARRANTIESSee also Products Liability (this

index)Punitive damages, § 33:11

WATERContaminated drinking water

diseases, § 8:41

WATERCRAFTExclusions, general liability cover-

age, § 26:6, 26:31, 26:32Marine insurance, yacht and small

craft claims, § 49:18

WAXED FLOORSPublic or general liability claims,

§ 28:6

WEATHER REPORTSPhysical facts, § 5:10

WILLFUL AND WANTON ACTSParental and spousal immunities,

doctrines of, § 11:12


Index-72

WITNESSESSee also Expert Witnesses (this

index)Investigations, § 3:9Signed and recorded statements,

§ 4:3, 4:5

WORKERS COMPENSATIONGenerally, § 39:1 to 39:55Accident vs. injury investigation,

§ 40:12Administration, § 39:4Benefits

generally, § 39:5 to 39:10calculating, § 40:39coordination, assessing dam-

ages, § 40:24fatal cases, benefits to depen-

dents in, § 39:8, 40:42indemnity benefits, § 39:7medical benefits, § 39:6second injury or special disabil-

ity funds, § 39:10waiting period, § 39:9

Calculating benefits, § 40:39Canadian, § 39:54Casual employees, § 39:23Causation and compensability,

investigating, § 40:13Checklists

determining claimant’s status,§ 39:17

Claim investigation. Investigation,below

Common diseases, § 40:33Conditions and exclusions,

employer’s liability policy,§ 40:6

Coordination of benefits, § 40:24Coverage, § 40:11, 40:30, 40:32Coworker suits, § 40:55Damage assessment

benefit coordination, § 40:24coordinating benefits, § 40:24

WORKERS COMPENSATION—Cont’d

Damage assessment—Cont’ddouble-dip, avoidance of,

§ 40:24evaluating injury, § 40:23facts, isolating, § 40:28information, obtaining from

physician, § 40:22injury, evaluating, § 40:23international coverage and

claims, § 40:29investigative services, use of

outside, § 40:27lingering vs. malingering injury,

§ 40:26medical care, selection by

claimant or employer,§ 40:21

medical information, obtainingfrom treating physician,§ 40:22

second injury claim fund,preparing, § 40:25

wage information, calculating,§ 40:20

Defending litigation, § 40:59Determining who is employee and

who is employer, generally,§ 39:13 to 39:24

Disability and indemnity,investigating

generally, § 40:36 to 41:43benefits

fatalities cases, § 40:42reserving and calculating,

§ 40:39fatalities, benefits and survivor-

ship, § 40:42follow-up with claimant or

attorney, § 40:40future medical expenses,

§ 40:41medical expenses, future,

§ 40:41

INDEX



Disability and indemnity,investigating—Cont’d

partial disabilitypermanent, § 40:38temporary, § 40:36

permanent disabilitypartial, § 40:38total, § 40:38

settlement, § 40:43survivorship in fatalities,

§ 40:42temporary disability

partial, § 40:36total, § 40:37

total disabilitypermanent, § 40:38temporary, § 40:37

Diseases of life, § 40:33Dual capacity doctrine, § 40:53Dual employment, § 39:19Elderly workers, § 40:64Emotional distress claims, § 40:34Employee

injured must be, § 39:12interviewing, § 40:16

Employee assistance programs,§ 40:47

Employee leasing, § 39:21Employer, interviewing, § 40:15Employer’s liability policy

generally, § 40:1 to 41:64claims

act rejected by employer,§ 40:51

co-worker suits, § 40:55dual capacity claims, § 40:53exclusive remedy provision,

outside, § 40:50illegal employment, § 40:57immigrants, illegal employ-

ment, § 40:57


Employer’s liability policy—Cont’d

claims—Cont’dindependent contractor claim-

over suits, § 40:56intentional injury, § 40:54minors, illegal employment,

§ 40:57outside exclusive remedy

provision, § 40:50spousal derivative suits,

§ 40:52conditions and exclusions,

§ 40:6coverage issues, investigating

and evaluating, § 40:11endorsements, § 40:7excess coverage, § 40:9exclusions and conditions,

§ 40:6non-occupational disability

laws, § 40:48occupational disease investiga-

tion, § 40:30 to 41:35other states, § 40:5premium rating, § 40:8schedules, § 40:7self-insurance, § 40:9states, other, § 40:5stop-loss coverage, § 40:9stress related disability, § 40:35

Employers liability vs. employ-ment practices liability,§ 40:60

Employment practices liability vs.employers liability, § 40:60

Endorsements, employer’sliability policy, § 40:7

Entitlement to coverage, generally,§ 39:11 to 39:24

Environmental diseases, § 40:31Evaluation of injury, § 40:23


Index-74


Evidence, preserving for subroga-tion, § 40:19

Excess coverage, employer’sliability policy, § 40:9

Exclusions and conditions,employer’s liability policy,§ 40:6

Exclusive remedygenerally, § 39:30 to 39:37claims outside, § 40:50derivative suits, § 39:32dual capacity doctrine, § 39:34insurance coverage dilemma,

§ 39:35intentional injury, § 39:36loss of consortium, § 39:33sexual harassment, § 39:37

Exempted groups, § 39:11Exposures of loss, reducing

employee assistance programs,§ 40:47

medical case management, useof, § 40:45

non-occupational disabilitylaws, § 40:48

rehabilitation programs, § 40:46return to work programs,

§ 40:4424 hour coverage plans, § 40:49

Extraterritoriality, § 39:40Facts, isolating for damage assess-

ment, § 40:28Fatalities, benefits and survivor-

ship in, § 40:42Federal Medicare/Medicaid set-

aside liens, § 39:55Final determination, § 39:46Follow-up with claimant or

attorney when investigatingdisability and indemnity,§ 40:40

Future medical expenses, § 40:41General contractors, § 39:14


General principles, § 39:1 to 39:3Guarantee associations and

insolvency funds, § 40:10Illegal employment claims,

§ 40:57Immediate medical care, § 40:20Immigrants, illegal employment,

§ 40:57Incarcerated employee, § 40:62Independent contractor claim-over

suits, § 40:56Independent subcontractor,

§ 39:16Index bureau reports, investigat-

ing, § 40:13Injury, evaluation of, § 40:23Insolvency funds, § 40:10Insured, interviewing, § 40:15Intentional injury claims, § 40:54International coverage, damage

assessment, § 40:29Investigation

generally, § 40:12 to 41:29,40:26, 40:36 to 41:43

accident vs. injury, § 40:12causation and compensability,

§ 40:13claimant, information obtained

from, § 40:16disability and indemnity, aboveevidence, preserving for

subrogation, § 40:19index bureau reports, § 40:13injury, lingering vs. malinger-

ing, § 40:26insured, information obtained

from, § 40:15interviewing

employer/insured, § 40:15injured employee, § 40:16witness, § 40:17

lingering injury, § 40:26

INDEX



Investigation—Cont’dplace of employment, injuries

away from, § 40:14scene, § 40:18subrogation, § 40:19suspicious loss, § 40:26Unfair Claim Practices Acts,

§ 40:58Investigative services, use of,

§ 40:27Jurisdiction, § 39:40, 39:41Leasing of employees, § 39:21Liens relating to workers

compensation settlement,subrogation, § 39:49

Loaned employees, § 39:20Loss, suspicious, § 40:26Malpractice, § 39:45, 40:63Managing risk, § 39:53Medical care, immediate, § 40:20Medical case management,

§ 40:45Medical expenses, future, § 40:41Medical information, obtaining

from treating physician,§ 40:22

Mental anguish claims, § 40:34Minors, illegal employment of,

§ 39:44, 40:57Ncci policy, generally, § 40:1 to

41:11Non-mental stress-related claims,

§ 40:35Non-occupational disability laws,

§ 40:48Notice of accident or disease,

§ 39:42Occupational diseases

generally, § 40:30 to 41:35common diseases, § 40:33coverage, § 40:31, 40:32emotional distress, § 40:34environmental diseases, § 40:31


Occupational diseases—Cont’dmental anguish claims, § 40:34non-mental stress-related

claims, § 40:35respiratory diseases, § 40:31stress-related claims, non-

mental, § 40:35Partners and corporate officers,

§ 39:18Permanent partial or total disabil-

ity, investigating, § 40:38Personal injury by accident arising

out of and in course ofemployment, § 39:25 to39:29

Physicians, obtaining medicalinformation from for purposeof assessing damages,§ 40:22

Place of employment, injuriesaway from, § 40:14

Premium rating, employer’sliability policy, § 40:8

Punitive damages arising out ofaccident or disease, § 39:39

Rating, employer’s liability policy,§ 40:8

Rehabilitation, § 39:47, 40:46Reserving, § 16:14, 40:39Respiratory diseases, § 40:31Return to work programs, § 40:44Rights of claims to bring suit,

§ 40:58Risk managing, § 39:53Scene Investigation, § 40:18Schedules, employer’s liability

policy, § 40:7Second injury claim fund, § 40:25Self-insurance, employer’s

liability policy, § 40:9Separating employers liability

from employment practicesliability, § 40:60

Settlement, § 40:43


Index-76


Spousal derivative suits, § 40:52State provisions for obtaining

coverage, § 39:3Statutory employers, § 39:24Stop-loss coverage, employer’s

liability policy, § 40:9Stress-related claims, non-mental,

§ 40:35Structured settlements, § 17:40,

39:48Subcontractor, § 39:15Subrogation, § 39:49, 40:3, 40:19,

43:53Successive insurers, liability of,

§ 39:43Survivorship in fatalities, § 40:42Suspicious loss, investigating,

§ 40:26Temporary partial disability,

investigating, § 40:36Temporary total disability,

investigating, § 40:37Third party action, § 39:3824 hour coverage plans, § 40:49Types of compensation acts,

§ 39:2Uninsured or underinsured motor-

ist provisions, § 24:7Violence, workplace, § 40:61Volunteers, § 39:22Wage information, assessing dam-

ages, § 40:20Waiting period, § 40:20Witness, interviewing, § 40:17

WORKERS’ COMPENSATIONFraud and deceit, § 15:18

WORKPLACE LAWSWrongful termination of employ-

ment, § 42:33

WORK PRODUCTDiscovery, § 10:59

WOUNDSSee Description, Diagnosis,


WRITTEN NOTICECancellation of policy, § 20:25

WRONGFUL DEATHDamages, § 10:20, 33:8Physicians, surgeons, and other

healers, § 35:26

WRONGFUL TERMINATIONOF EMPLOYMENT

Generally, § 42:1 to 42:33At-will doctrine, public policy

exceptions to, § 42:7Civil suit, § 42:20Comprehensive and commercial

general liability policies,§ 42:17

Contract actions, § 42:5Errors and omissions and directors

and officers liability policies,§ 42:16

Exclusion in general liability poli-cies, § 42:19

Gender discrimination, § 42:26Gernishing of wages, § 42:32Implied contracts, § 42:6Implied covenant of good faith

and fair dealing, § 42:8Insurance problems, generally,

§ 42:14 to 42:23Occurrence, § 42:18, 42:23Personnel manuals, § 42:6Public policy in insurance cover-

age, § 42:21Sexual harassment

generally, § 42:24 to 42:27defined, § 42:25gender discrimination, § 42:26

Tort of wrongful dischargegenerally, § 42:9 to 42:13

INDEX


WRONGFUL TERMINATIONOF EMPLOYMENT—Cont’d

Tort of wrongful discharge—Cont’d

emotional distress and punitivedamages, § 42:11

employment discrimination,§ 42:12

fraud, § 42:10other grounds for tort actions,

§ 42:13Umbrella policies, § 42:15

WRONGFUL TERMINATIONOF EMPLOYMENT—Cont’d

Unemployment compensationclaims, § 42:30

Workers compensation policy,§ 42:22

Workplace laws, § 42:33X-RAYS

Diagnostic procedure, § 8:60YACHTS

Marine insurance, yacht and smallcraft claims, § 49:18


Index-78

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