In my prior post, I discussed the concept of mend the hold. Essentially the doctrine provides that a party who takes a position can later be estopped from asserting a different, inconsistent position. This is the first in a series of blogs discussing how different states apply the doctrine. The first stop on our tour is my home state of New Jersey. While there is no case law dealing directly with the Mend the Hold doctrine in the insurance context in the Garden State, the doctrine is alive and well and waiting to be used in such circumstances.

Continue Reading Mending the Hold, Part 2 – New Jersey

As attorneys representing policyholders, we often hear some pretty interesting stories about claim denials—many of which make little to no sense. Sometimes, after a lawsuit has been filed, the insurance company puts forth new arguments why the claim should be denied as a post hoc justification. To the experienced claims handling professional, often the later denial (the one often put forth after an attorney got involved for the insurance company) is a more legitimate basis than the one communicated during the claims handling process.

Continue Reading Mending the Hold – an Oldie But a Goodie, Part 1: The Concept