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Read Insurance Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

In Florida, House Bill 805 Will Likely Allow Insurance Policy Transfers

by Carlton Fields on

The Florida Legislature passed House Bill 805, regarding insurance policy transfers. If, as anticipated, the governor signs the bill into law, it will allow insurance companies writing personal lines residential and...more

The Graber Opinion is Confirmed as an Outlier in Matters Involving Texas Appraisals

by Zelle LLP on

With the continued onslaught of hail and other weather related litigation in Texas, insurance carriers often elect to resolve claims through the appraisal process outlined in the policy. Insurance carriers historically...more

Damn Ice Dams

by Zelle LLP on

After over 2 feet of snow was dumped on most of New England in the beginning of February, the submission of those “damn” ice dam claims may start at any moment. Record high temperatures may have melted the snow in a blink of...more

West Coast Real Estate Update: March 2017

by Holland & Knight LLP on

Gov. Brown Opposes Measure S - In a statement published less than two weeks before Los Angeles' Consolidated Municipal and Special Elections to be held on March 7, 2017, California Gov. Jerry Brown came out in opposition...more

Arizona Supreme Court Holds a Credit Bid at a Trustee’s Sale Should Not be Credited to a Title Insurer Under a Standard Lender’s...

by Snell & Wilmer on

The Arizona Supreme Court recently addressed what impact, if any, a lender’s credit bid at an Arizona trustee’s sale has on an insurer’s liability under Sections 2, 7 and 9 of the standard’s lender’s title policy (“Policy”),...more

Federal Courts Refuse to Enforce Waiver of Subrogation Clauses in Certain Residential Situations

by Cozen O'Connor on

In two recent decisions, federal courts sitting in New Jersey and Pennsylvania refused to dismiss subrogation claims filed by the insurers of a homeowner and lessees of apartments who suffered damages paid by their carriers....more

When it Rains it Floods: California Rainstorms and Flood Insurance

by Robins Kaplan LLP on

Until very recently, the scarcity of water and the decline in oil prices in California prompted the joke that oil was being used as fracking fluid to get water out of the ground. In the last week, however, so much rain has...more

Depreciation of Labor Costs Class Action: Nebraska Supreme Court Rules In Favor of Insurer

I’ve regularly followed on my blog key developments in the numerous class actions against the insurance industry involving the application of depreciation to the labor cost component of estimated replacement cost value in...more

Hawaii Bill Proposes Parametric Disaster Insurance Pilot Program

by Carlton Fields on

On January 23, 2017, Hawaii lawmakers introduced a bill to establish a pilot parametric disaster insurance program aimed at preventing potential liquidity gaps between federal assistance and total economic losses in the event...more

Falling Foul of Flying Freeholds

by Hogan Lovells on

A mental image of a building sprouting wings and taking to the sky is one way to picture a flying freehold, but mention the phrase to most property lawyers and their hearts will sink. Discovering a flying freehold raises...more

Super-Typhoon Nock-Ten: Late-Season Abnormality or Harbinger of Larger Changes?

by Zelle LLP on

An unusual December super-typhoon made several landfalls in the Philippines on Christmas Day 2016, bringing heavy rainfall, fierce wind gusts, and dangerous flooding to the island nation. While the number of fatalities...more

Hacktastrophe: How cyber-attacks on critical U.S. infrastructure could lead to catastrophic property loss

by Zelle LLP on

Although cyber-attacks have traditionally implicated more liability-leaning coverages, several attacks in recent years should give property insurers cause for concern going into the future. Hackers have proven they can seize...more

US Federal Regulatory Agencies Request Comment on Proposed Private Flood Insurance Rule

by Shearman & Sterling LLP on

The US Federal Reserve Board, the Farm Credit Administration, the FDIC, the National Credit Union Administration and the OCC issued a joint notice of proposed rulemaking to implement provisions of the Biggert-Waters Flood...more

Hurricane Matthew flood claims may not be entirely preempted by federal law

In the wake of Hurricane Matthew and its associated flooding (particularly in North Carolina and South Carolina), a recent case of first impression in the Sixth Circuit may be cited by both damaged businesses and insurers and...more

Seeing is Believing: ALTA’s New Survey Standards

by Dechert LLP on

For those of you who read our commentary regularly, you’ll see that we span the commentariat world from musings of perhaps little practical utility but great import (at least to us) to the more mundane. Today, mundane. Let’s...more

Hurricane Matthew Requires Immediate Action to Maximize Insurance Recovery

After tearing through the Caribbean, Hurricane Matthew’s path brought it north to the Southeastern coast of the U.S., bringing evacuations, business closures and damages to the region. Florida, Georgia, South Carolina and...more

INcatastrophes

by Cozen O'Connor on

On August 12, 2016, Louisiana Governor John Bel Edwards declared a state of emergency in response to historic flooding in Louisiana. The state of emergency is set to expire on Monday, September 12, 2016. The most recent...more

Tropical Storm Hermine | A Quick Reference Compliance Guide to Adjusting Storm Related Claims in Florida

by Zelle LLP on

..Once a wind storm is named as a hurricane by the National Weather Service, and a warning or watch for any part of Florida is issued, all wind losses in the state from that time until 72 hours after the last warning or watch...more

Ohio Court Holds No Coverage for Misrepresentation Claims

In its recent decision in Lakeside Terrace Home Sales, Ltd. v. Arrowood Indem. Co., 2016 U.S. Dist. LEXIS 114828 (N.D. Ohio Aug. 26, 2016), the United States District Court for the Northern District of Ohio, had occasion to...more

FinCEN Tightens the Screws on Money Launderers with Additional Scrutiny of High-Value Residential Real Estate Transactions

Choice real estate markets such as New York, Miami, Los Angeles, San Francisco, San Diego, and San Antonio may offer enticing amenities like buzzing nightlife or sunny beaches, but thanks to the Financial Crimes Enforcement...more

Recent Florida Legislation Will Allow for Creation of Specialty Sinkhole Coverage Lines

by Carlton Fields on

The Florida Legislature passed legislation this session that allows specialty limited sinkhole coverage. According to the Florida Office of Insurance Regulation, Florida has more sinkholes than any other U.S. state. As such,...more

The Latest on Late Notice in Texas Property Insurance

by Zelle LLP on

Texas hail season is in full swing and the courts are giving insureds (and their prospective attorneys) a lot to think about when it comes to turning in those claims. The eagerly awaited decision by the Fifth Circuit in...more

Pennsylvania Title Insurance Notice

by Tucker Arensberg, P.C. on

Effective May 1, 2016, title insurance premiums and endorsement costs, as recommended by the Title Insurance Rating Bureau of Pennsylvania, will increase by 12% across the board. This increase applies to both the sale and...more

The Uncertainty of Remand in Texas

by Zelle LLP on

The United States District Courts in Texas continue to issue conflicting opinions regarding the analysis to be used in determining whether a state court petition contains sufficient allegations against a nondiverse defendant...more

Private Flood Insurance Plans One Step Closer to Hitting the Market

by Locke Lord LLP on

Legislation to allow privatized flood insurance on the market surged unanimously through a House Financial Services Committee mark up. Voting 53-0 on March 2nd, the Committee approved the idea of enabling private flood...more

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