Midwest Insurance Group’s Post

Employment Practices Liability Insurance is a must-have for companies in the private and federal sectors. In 2023, the EEOC obtained over $665 million for just over 20,000 claimants. To manage your employment exposures, you need more than just a policy. Unsure about where to begin? Let USI help! #usioneadvantage #USI #insurance #propertyandcasualty #EPLI

In 2023, LAWPRO closed 89% of claims without any indemnity payment—and 34% of potential claims were closed without any costs at all. Learn more about our record of resolving claims. #Ontariolawyers #lawyers #insurance #claims

🚨Insurance News - Drop in injury claims' costs but premiums rise by 8%🚨 NCID report found the average cost of settling public and employer liability claims through the Injuries Resolution Board dropped by a third in 2022 compared to 2020, according to a new report. However, average insurance premiums increased by 8% in 2022. https://lnkd.in/erJgQrrm #insurancenews #premiumincrease #settlement #claimsdata

Important takeaways of the landmark judgment are summarised - (i) Though the proceedings before the Consumer Fora are in the nature of a summary proceeding.  Yet the elementary principles of burden of proof and onus of proof would apply, (ii) There is an essential distinction between burden of proof and onus of proof. The cardinal principle of burden of proof in the law of evidence is that “he who asserts must prove”.   In other words, the burden of proving a fact always lies upon the person who asserts the same.  Until such burden is discharged, the other party is not required to be called upon to prove his case, (iii) The principle of utmost good faith imposes meaningful reciprocal duties owed by the insured to the insurer and vice versa.  The standard of duty of disclosure imposed on the insured could make the insured vulnerable as the statements in the proposal form could be held against the insured. Conversely, certain clauses in the policy insurance could be interpreted in the light of contra proferentem rule as against the insurer, (iv) On consideration of queries Nos.6.1 and 6.2 (as extracted in para 39 of the judgment) in the declaration form which were answered in the negative by the insured, it was found that they are not clear in themselves. Therefore, the answer given by the deceased cannot be taken in a manner so as to negate the benefit of the policy by repudiation of the same on the demise of the insured and (v) the earlier decision of SC in Sahara India case was distinguished that in this case there was no admission of the insured that he had taken policies from other insurers but suppressed from the respondent - Insurer. For all these reasons, it was no material suppression and repudiation was illegal #supremecourtofindia #insurance #repudiation #suppression #burdenofproof #onusofproof #legaldeli

Important takeaways of the landmark judgment are summarised - (i) Though the proceedings before the Consumer Fora are in the nature of a summary proceeding.  Yet the elementary principles of burden of proof and onus of proof would apply, (ii) There is an essential distinction between burden of proof and onus of proof. The cardinal principle of burden of proof in the law of evidence is that “he who asserts must prove”.   In other words, the burden of proving a fact always lies upon the person who asserts the same.  Until such burden is discharged, the other party is not required to be called upon to prove his case, (iii) The principle of utmost good faith imposes meaningful reciprocal duties owed by the insured to the insurer and vice versa.  The standard of duty of disclosure imposed on the insured could make the insured vulnerable as the statements in the proposal form could be held against the insured. Conversely, certain clauses in the policy insurance could be interpreted in the light of contra proferentem rule as against the insurer, (iv) On consideration of queries Nos.6.1 and 6.2 (as extracted in para 39 of the judgment) in the declaration form which were answered in the negative by the insured, it was found that they are not clear in themselves. Therefore, the answer given by the deceased cannot be taken in a manner so as to negate the benefit of the policy by repudiation of the same on the demise of the insured and (v) the earlier decision of SC in Sahara India case was distinguished that in this case there was no admission of the insured that he had taken policies from other insurers but suppressed from the respondent - Insurer. For all these reasons, it was no material suppression and repudiation was illegal #supremecourtofindia #insurance #repudiation #suppression #burdenofproof #onusofproof #legaldeli

As always, John Hilton stays on the forefront of the breaking developments in the insurance industry and the ongoing challenges faced by Globe Life. Sadly, Grula is one of many agents who have been engaging in fraudulent practices as a result of the unreasonable sales quotas at $GL - particularly for their American Income Life agents (who are supposedly independent contractors! 😂). It comes as no surprise that such unreasonable production demands coupled with zero legal protections for agents breeds a toxic and unethical workplace culture (“cesspool” seems to be the most common reference of late). American Income Life Insurance Company Business Insider Susan Antilla #insurance #insuranceagent #fraud #deceptivesales #misclassificationofcontractor #1099 #hostileworkenvironment #doj #fbi #investigation EEOC

'This research paints a shocking picture of insurers' failure to handle customers' claims in a timely, empathetic way'. - Which? I can't dwell for too long on the "timely" element of this statement, as the length of the claims process will vary from claim type to claim type e.g. a claim for a chronic illness or complex injury will and should have a more lengthy and empathetic approach, to that of a simple damaged business equipment claim. However, it is a shame to see that 31% of consumers said that Insurers actions negatively impacted their stress levels, during an already stressful and emotional time (otherwise they would not be going through the claims process). It is a Claims Handlers job to ensure that the process is seamless and that every step of the claim is dealt with transparency (to ensure Claimant's expectations are handled properly) and with empathy, to reach the conclusion of the claim as efficiently as possible. Insurance Times #ClaimsManagement #ConsumerDuty #Claims #Insurance #EmotionalIntelligence

How can you trust the FSRA when they identify Aviva General Insurance wrong doing in the Insurance Industry Standard Risk Management Policy of standard denial of Auto Accident Benefits, and then in their job to protect the accident victims don’t talk to the victims but go to the Insurance Industry and negotiate a fine payment of $600,000.00 payable to the Ontario Government do not identify to help victims of the wrong doing while knowing who they are? Horribly the Goliath Multi-Billion Dollar Insurance Industry just tells FSRA and the Ontario Government if you don’t negotiate with us, we will bury you in legal litigation and the FSRA agrees to settle at 50% of their limited known violations they can prove with their token fine the Insurance Industry takes as just a cost of doing business to maximization of profits, while no Corporate entity or people care about the accident victims. The Insurance Industry employs independent adjustors finally visit the traumatized accident victims and manipulate like a skilled magician to rewrite their victim information to be favorable to the employer Insurance company to get repeat employment business.

It is reported in a media that standalone FLOP coverage may be offered by insurers in future and extract of the same read as 'Legislation that would amend New York’s insurance law to allow insurers to offer standalone business interruption coverage that isn’t tied to physical damage could fill a gap in the market. The bill defines business interruption insurance as “insurance against loss of use and occupancy, rents, and profits resulting from a business closure due to loss of or damage to insured or neighboring property; an act or threatened act of violence while the perpetrator is on the business premises; or a government order.” The legislation is a response to the COVID-19 pandemic and the perception that business interruption insurance failed to protect businesses because there was no physical loss....Most of the cases asserting coverage under business interruption policies have failed in the courts because of the physical loss requirement'. Most of the legislations are promulgated by a state, to protect the interest of citizens, it is worth to wait for further developments and whether it will have any influence on Indian insurance market. I have seen some insurers have declined claim under FLOP policies, where liability is triggered under MD policy but loss amount is less than the policy (MD) deductible and insurers asserted that 'Material Damage Proviso Waiver' is missing.

On behalf of Globelife AIL workers, customers, and shareholders, thank you BNN Breaking for reporting on this important story. 🗣️”As this investigation unfolds, the spotlight on 🌎 Globe Life and American Income Life's practices intensifies, prompting a broader reflection on corporate governance, workplace safety, and consumer protection within the insurance industry.” Well stated! 👏🏼 Globe Life American Income Life Insurance Company EEOC #doj #fbi #metoo #departmentofjustice #departmentofinsurance #insurance #insuranceagents #fraud #shareholders #shareholdervalue John Hilton #breachoffiduciaryduty Johnson Fistel, LLP Scott+Scott 📉📉📉