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New Jersey Legislature Passes Superstorm Sandy Bill of Rights

We previously reported on the New Jersey legislature’s attempt to pass reform bills as a response to Superstorm Sandy. Although New Jersey Assembly Bill A3710 died when referred to the Financial Institutions and Insurance...more

Shamrock Shake: St. Patrick’s Day Earthquake in Los Angeles Is a Reminder to Check Your Property Insurance Policy

Los Angeles residents didn’t need to go to McDonald’s for their “Shamrock Shake” on St. Patrick’s Day 2014. At 6:25 a.m., a 4.4-magnitude earthquake shook L.A. County out of bed. Monday’s shake serves as a reminder to be...more

Assistant Treasurer announces measures to address insurance needs of North Queensland

At the Insurance Council of Australia’s 2014 Regulatory Update on Friday 28 February, the Assistant Treasurer announced the development of an aggregator for the North Queensland domestic and strata property insurance market...more

Is That Covered?

If the long-term predictions prove to be true and we have a snowy Winter in 2013-14, policyholders may be faced with the issue of whether insurance covers damage to a business facility or home due to a roof collapse from the...more

New Jersey Bill Would Compel Insurers to Cover Faulty Construction Work

The New Jersey Legislature has entered the ongoing national debate about whether faulty construction work is considered an “occurrence” under general liability insurance policies. Introduced on November 25, 2013, A. 4510...more

Anti-Concurrent Causation Clauses Get More Attention

Catastrophe losses rarely involve a situation where the loss is solely caused by an excluded peril. Anti-Concurrent Causation (ACC) clauses were drafted to address the scenario where two perils contribute to the same loss....more

Flood Insurance Statute of Limitations Remains Intact After Proof of Loss Deadline Extensions

Following Superstorm Sandy, the Federal Emergency Management Agency (FEMA) extended the deadline to submit a proof of loss for Sandy-related claims from the 60-day period provided for by the agency’s regulations to 12 months....more

A Superstorm Sandy Retrospective: How the Actions of New York Regulators May Shape Responses to Future Natural Disasters

A year after Superstorm Sandy came ashore, the New York Department of Financial Services (Department) issued Circular Letter No 8 of 2013 to inform New York licensed property/casualty insurers of the regulatory standards they...more

One Year Later, Superstorm Sandy Still Offers Viable Recovery Opportunities for Insurers

The one-year anniversary of Superstorm Sandy serves as a reminder to property insurers that key deadlines are approaching that can directly affect recovery efforts. Viable subrogation opportunities still exist, but carriers...more

California Court of Appeal Confirms that Multiple Coverages in an Insurance Policy Generally Do Not Provide Extra Coverage for the...

A California court recently confirmed that insurance policies offering multiple coverages will not be interpreted as providing multiple sources of coverage for the same loss on the same property. Instead, when multiple...more

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending October 4, 2013

I. FLORIDA STATE CASES – JOURDAN HAYNES & CHRIS SMART - MRTA: marketable record title act represents codified limitation on title insurer’s obligation to research public records in connection with issuance of title...more

A Compilation and Summary of Real Estate Related Legislation Enacted by the 51st Arizona Legislature

On Friday June 14, 2013, at 12:59 a.m., on the 152nd day of the regular legislative session, the 51st Arizona Legislature adjourned sine die, or “without assigning a day for a further meeting or hearing.” Generally, except...more

Texas Hurricane Season: Statutory Requirements for Handling Claims

For Texans, the prime hurricane season from August to September is now over. Although there were no big storms this year, claims handlers still need to be attentive to timely adjusting their first party claims. The Texas...more

Lives and Businesses Interrupted by Rocky Mountain Floods

Over the past several days, severe flooding has inundated several states in the Rocky Mountain Region. Following the nearly fifteen inches of rain dumped on parts of Colorado, the resulting floods continue to wreak havoc in a...more

A Call for Forward-looking Disaster Risk Evaluation and Greater Private Sector Involvement amid Surveys, Estimates and Statistics

In recent years, Mother Nature has taken a toll on the insurance industry. Superstorm Sandy cost the United States approximately $70 billion in direct damages to business owners and homeowners in the storm’s path and lost...more

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending July 19, 2013

I. FLORIDA STATE CASES – STEFANIE LINCOLN - Litigation Privilege: litigation privilege, which protects actions taken in the course of and related to judicial proceedings from civil liability, applies to causes of...more

Six Bits or Bust: Insurance Litigation over the 1906 San Francisco Earthquake and Fire

In 1906, California fire insurance policies excepted coverage of a variety of losses caused by earthquake. During and after their great tragedy of that year, San Francisco property owners wondered if their damages resulted...more

Know Your Rights - 10 Actions To Ensure Your Wildfire Insurance Claim is Timely and Fairly Adjusted

The recent wildfires raging through Colorado have once again proven tragic for our state. The 2013 wildfire season has already led to loss of life, property and, in many cases, revenue. For many, insurance will provide the...more

Appraisal Process Is Ripe For Revision

Appraisal has long been utilized as a tool for resolution of disputes over the amount of loss at issue in property insurance claims. Appraisal was once an amicable, prompt and independent process to resolve claims when...more

Title Insurance/Post-Closing Boundary Line Agreement/Covered Defect

Case Law Shorts June 5, 2013: NY Second Dept. reversed summary judgment granted to title insurer where insured sued for breach of contract inasmuch as insurer claimed that a boundary line agreement recorded more than a year...more

Disclosing Lawsuits To Buyers Of Residential Property

Sellers of existing residential property are required by California law to make various disclosures to a prospective buyer. [See generally Disclosures In Real Property Transactions, published by the California Department of...more

Weekly Law Resume - May 16, 2013: Insurance Coverage – Duty to Defend – Vacant Property

Travelers Property Cas. Co. of America v. Superior Court of California, County of Los Angeles - Court of Appeal, Second District (April 17, 2013) - Most insurers do not like to insure empty buildings. Consequently,...more

Capitol Report: Property Insurance Bill Creating Citizens Clearinghouse Passes 2013 Florida Legislature

Committee Substitute for Senate Bill 1770 (CS/SB 1770) passed by the 2013 Florida Legislature creates a “keep-out” clearinghouse to reduce the size and type of exposures insured by Citizens Property Insurance Corporation...more

Calif. Plumbs The Depths Of Water Damage Exclusions

A recent decision by the California Court of Appeal confirms the willingness of courts in California to enforce exclusions for water damage in property policies, thus precluding coverage for the policyholders’ alleged...more

Superstorm Sandy Is Causing New York and New Jersey Legislators to Reconsider Passing Legislation that Would Establish a Private...

Policyholders in New York and New Jersey presently have no private right of action against insurance companies for alleged violations of each state’s respective statutory claim handling guidelines – New York’s Unfair Claim...more

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