In Stein v Home-Owners Insurance Company(October 17, 2013), the Michigan Court of Appeals held that, when an insurance policy contains a clause voiding coverage in the event of fraud by the insured, the insurer need only meet the “preponderance of the evidence” standard rather than “clear and convincing evidence.” The plaintiff in Stein owned a…

By Julie E. Nichols (originally published in Claims Journal) An adjuster’s deposition, if relevant, can provide the backbone of a strong defense, assuming defense counsel and the adjuster can avoid some deposition traps. A few of the common pitfalls to avoid are described below: Pitfall #1: Is The Adjuster’s Deposition Relevant or Necessary? The first…