Robinson+Cole Property Insurance Coverage Insights

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Firm Profile: Robinson & Cole LLP
280 Trumbull Street
Hartford, CT 06103-3597, United States
Phone: (860) 275-8200
Fax: (860) 275-8200
Areas of Practice
  • Insurance
  • Real Estate
  • Zoning, Planning & Land Use
Locations
Other U.S. Locations
  • California
  • Connecticut
  • Florida
  • Massachusetts
  • New York
  • Rhode Island
Number of Attorneys
50-100 Attorneys

Suit Limitation Period In Standard Flood Insurance Policy Is Not Tolled By Filing In State Court: Hurricane Irene Claim Dismissed By Fourth Circuit

The terms and conditions of the Standard Flood Insurance Policy (“SFIP”) are specified by regulations promulgated under the National Flood Insurance Act (“NFIA”). One of the terms in the SFIP provides that the insured cannot sue…more
 /  Business Torts, Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Residential

District of New Jersey Dismisses Third Party Claims Sounding in Policy Handling on Preemption Grounds

A federal court in New Jersey recently dismissed state law claims brought by third party plaintiffs, including the insured’s broker, against a Write Your Own insurance carrier. The claims at issue in Residences at Bay Point…more
 /  Civil Procedure, Commercial Law & Contracts, Conflict of Laws, Insurance, Real Estate - Residential

Appraisal Award Unenforceable Where Suit Limitation Period Expired Prior To Filing Suit: New York County Dismisses Storm Sandy Coverage Suit

Suit limitation provisions in insurance policies shorten the statutory period of time that a plaintiff may bring a suit against an insurer for certain causes of action. A New York court recently held that an appraisal award…more
 /  Civil Procedure, Commercial Law & Contracts, Insurance

Innocent or Unintentional Mistake in Application is Irrelevant: NY’s Second Department Finds Rescission Appropriate and Affirms Summary Judgment Based on Insurer’s Claim of Misrepresentation

When an insurer finds that the insured misrepresented a material fact in an application for insurance, the insurer may rescind the policy of insurance, and take the position that no coverage exists for a claimed loss. In a…more
 /  Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Residential

New Jersey Appellate Division Applies Anti-Concurrent Causation Clause to Bar Combined Flood/Sewer Backup Claim

Frequent readers of the blog will appreciate that disputes involving the application of anti-concurrent causation language in the context of claims for flood or water damage have appeared with some frequency in recent years…more
 /  Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Residential

What Is Prompt Notice? Second Circuit Analyzes Late Notice In New York

Property insurance policies typically require that, once an insured suffers a loss, the insured report the loss to the insurance carrier promptly. The purpose of such a provision is to allow an insurer to investigate a claim…more
 /  Civil Procedure, Commercial Law & Contracts, Insurance

Unequivocal Denial: District of New Jersey Court Outlines What is Not Necessary

We have previously featured New Jersey District Court decisions addressing “unequivocal” denials in the context of policies’ suit limitation provisions. In the latest, Ryan v. Liberty Mut. Fire Ins. Co., No. 14-6308 (WHW)(CLW),…more
 /  Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Residential

District of Connecticut Reaffirms That Definition Of “Collapse” Is Unambiguous

The United States District Court for the District of Connecticut recently reaffirmed its ruling that the term “collapse,” as defined by a homeowners insurance policy, is unambiguous and that the policy in question did not…more
 /  Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Residential

Competing Causes of Loss: Florida Supreme Court Issues Decision Applying The Concurrent Causation Doctrine

We have discussed on a number of occasions the issue of causation when there are multiple causes of loss, some covered and some not covered. Most jurisdictions apply what is known as the efficient proximate cause analysis with…more
 /  Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Residential

Hurricane Sandy, Flood, and Sewer Backup: New Jersey Federal Court Confirms Anti-Concurrent Causation Bars Insured’s Claim

As we have written about before on this blog, the water damage caused by Hurricane Sandy in October 2012 gave rise to important questions concerning the applicability of so-called “anti-concurrent causation” clauses. Such was…more
 /  Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Commercial

Florida Sinkhole Statute And Recovery Of Attorneys’ Fees Without Bad Faith: Florida Supreme Court Reverses The 5th DCA And Reiterates Prior Holdings

In Johnson v. Omega Ins. Co., 2016 Fla. LEXIS 2148 (Sept. 29, 2016), the Florida Supreme Court determined that the 5th DCA misapplied and misinterpreted two statutes, the first providing a presumption of correctness to the…more
 /  Civil Procedure, Civil Remedies, Commercial Law & Contracts, Insurance, Real Estate - Residential

Ambiguity And Ensuing Loss: The Second Circuit Affirms The Southern District Of New York’s Holdings In a $675 Million Superstorm Sandy Insurance Coverage Dispute

In National Railroad Passenger Corp. v. Aspen Specialty Ins. Co., 2016 U.S. App. LEXIS 16074 (2d. Cir. Aug. 31, 2016), Amtrak sought the entire $675 million of available coverage from a number of its insurers for damages…more
 /  Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Commercial, Transportation

NAIC Releases Draft of Revised Insurance Data Security Model Law for Review

The National Association of Insurance Commissioners’ (NAIC) Cybersecurity Task Force released a revised draft of the Insurance Data Security Model Law (Model Law) last week. The Model Law’s goal is to “establish exclusive…more
 /  Commercial Law & Contracts, Privacy, Insurance, Science, Computers, & Technology

The Nuts and Bolts of Tolling an Insurance Policy’s Suit Limitation Provision in New Jersey

A recent New Jersey Federal District Court decision provides a good example of how an insurance policy’s Suit Limitation period may be “stopped” and “re-started” by equitable tolling during the adjustment of a property insurance…more
 /  Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Residential

A State Law Wolf in Federal Common Law Clothing: The Third Circuit Rejects Insured’s Attempt to Expand Causes of Action Under the Standard Flood Insurance Policy

Courts across the country (and particularly since Super Storm Sandy in 2012) have consistently held that, in litigation involving a dispute concerning the investigation, adjustment, or payment of a flood claim under the Standard…more
 /  Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Commercial
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