Best’s News & Research Service - July 13, 2017 08:03 AM (EDT)
Insurance Law Podcast Discusses the Application of Judicial Estoppel to Insurance Claims
- July 13, 2017 08:03 AM (EDT)
Oldwick //BestWire// - A.M. Best and Best’s Insurance Professionals and Claims Resource have released the latest installment of the Insurance Law Podcast, a series that examines timely insurance and claims issues from a legal point of view.
This episode features Attorney Karen Karabinos from the law firm of Drew Eckl & Farnham, LLP, with offices in Atlanta and Brunswick, GA. Ms. Karabinos has been litigating cases for over 25 years, with the last 16 focused on the complexities of property insurance law. She also represents insurance companies in first-party coverage litigation, extra-contractual claims and property subrogation cases.
The podcast discusses the application of judicial estoppel in insurance and its impact on claims. The doctrine of judicial estoppel can be used as an affirmative defense by an insurance company to prevent an insured from taking inconsistent positions in legal proceedings to gain an advantage, such as lawsuits where the insured is seeking to recover monetary damages for property that he or she failed to disclose or undervalued in a previous bankruptcy filing. Ms. Karabinos also explains how judicial estoppel can be used as the basis of claim denial through policy exclusions and the evidence insurers must present to the court.
Drew Eckl & Farnham, LLP is a qualified member of Best’s Recommended Insurance Attorneys, a claims industry resource that has featured qualified legal counsel, independent insurance adjusting services and expert service providers since 1929.
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