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Attorney's Fees Property Damage

Rivkin Radler LLP

New York Insurance Coverage Law Update - April 25 2024

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The insured, Match Group, LLC, brought a coverage action against its insurer, Beazley Underwriting Limited, and obtained a judgment against Beazley that Beazley appealed. In turn, the insured moved to recover the attorney’s...more

Cozen O'Connor

The End of a "Forever War"?: Texas Supreme Court Answers Certified Question Concerning Appraisal

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In Rodriguez v. Safeco Ins. Co. of Ind. the Texas Supreme Court addressed a key issue concerning appraisal that was dividing lower Texas state courts and Texas federal district courts. The United States Court of Appeal for...more

Butler Weihmuller Katz Craig LLP

Insurers May be on-the-hook for Pre-Suit Attorney’s Fees, but Can Avoid Them by Considering Pre-Suit Settlement

Tendering policy limits to an insured in response to a Notice of Intent to Litigate, under section 627.70152, Florida Statutes (2021), precludes insureds from recovering pre-suit attorney’s fees from their property insurers...more

Zelle  LLP

Morakabian and Rosales Signal a Consensus View on Recovery of Attorneys’ Fees After Appraisal

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Chapter 542 of the Texas Insurance Code, also known as the Texas Prompt Payment of Claims Act (“TPPCA”), generally allows an insured to recover interest and attorneys’ fees, in addition to the amount of the insurance claim,...more

McGlinchey Stafford

What damages are recoverable for a loan servicer’s failure to completely respond to a Qualified Written Request? - The Bullet...

McGlinchey Stafford on

Ohio- RESPA Actual Damages- Miller v. Bank of New York Mellon, 6th Cir. No. 21-1126, 2021 U.S. App. LEXIS 35755 (Dec. 1, 2021) In this appeal, the Sixth Circuit affirmed the district court’s dismissal of the borrower’s...more

Ervin Cohen & Jessup LLP

Construction Defect Damages May Exceed Cost To Repair

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Construction defect cases often involve damage claims beyond simply the cost to repair the allegedly defective unit or component. These consequential damages may include damages for loss of use, expenses for mitigation and...more

Zelle  LLP

New Fla. Atty Fee Law May Be Boon To Property Insurers

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Florida S.B. 76, designed to curb first-party property insurance litigation in Florida, took effect on July 1. While the bill addresses several critical property insurance topics including roof-surface reimbursement...more

Bradley Arant Boult Cummings LLP

Wyoming Supreme Court Rules Refinery Company Can Seek Extracontractual Insurance Recovery Against Holdout Insurer

In a landmark victory for policyholders, the Supreme Court of Wyoming found that a subsidiary of Sinclair Oil can invoke statutory bad faith damages after prevailing in a coverage dispute with its insurer, Infrassure. The...more

Zelle  LLP

5th Circ. Insurance Case May Encourage Post-Appraisal Suits

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On Oct. 6, the U.S. Court of Appeals for the Fifth Circuit is set to hear oral arguments in Pearson v. Allstate Fire and Casualty Insurance Company. The case centers on statutory construction of Chapters 542 and 542A of the...more

Nossaman LLP

Lessons in Litigating Inverse Condemnation Claims

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Inverse condemnation litigation and liability has become a particularly hot topic in California over the last several years. Not many attorneys specialize in this area, and there are a number of traps for the unwary lawyers,...more

Cozen O'Connor

Eleventh Circuit Holds Attorneys’ Fees Are Not Warranted Where Policyholder Filed Suit Instead of Undergoing Appraisal

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The Eleventh Circuit, in J.P.F.D. Investment Corp. v. United Specialty Insurance Co., recently affirmed a district court’s denial of statutory attorneys’ fees to a policyholder that, to resolve a disagreement over the amount...more

Pillsbury - Policyholder Pulse blog

The Devil in the Details: When Settlements with Co-Defendants Become “Other Insurance”

As the old adage goes, “the devil is in the details.” Insurance policy terms do not always apply in ways that policyholders expect. For this reason, it is imperative to understand how coverages, definitions and exclusions...more

Esquire Deposition Solutions, LLC

AOB lawsuits compound agony of Florida hurricanes

The storms of 2017 not only affected lives and property, they occasioned a flurry of litigation in Florida that has revived perennial calls for reform. During hurricane Irma, strong winds blew trees onto roofs, and heavy...more

Jaburg Wilk

Arizona District Court Denies Motion to Remand in Bad Faith Case, Despite Plaintiff Seeking Only $57,000 in Compensatory Damages

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The Holding - In Hoarau v. Safeco Ins. Co. of America, 2017 WL 3328078 (D.Ariz. August 4, 2017), the Arizona District Court denied an insured's Motion to Remand in an insurance bad faith, punitive damages, and declaratory...more

Holland & Knight LLP

New Law That May Affect Hurricane Harvey Claims Takes Effect Sept. 1

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While insurance claims may be far from the first priority for clients affected by Hurricane Harvey, a new law takes effect on Sept. 1, 2017, that may affect first-party property insurance claims stemming from Harvey, floods...more

Jones Day

Maximizing Insurance Recoveries for Hurricane Harvey Losses

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With Hurricane Harvey having pummeled much of the Texas Gulf Coast, businesses will soon look to secure insurance recoveries for the estimated billions of dollars in property damage and business income losses left in its...more

Akin Gump Strauss Hauer & Feld LLP

HB 1774’s “Hail Bill” and Hurricane Harvey-Time for Action

• Action Item #1: Insureds should try to report claims for all property damage, including those caused by Hurricane Harvey, by no later than August 31, 2017, in order to avail themselves of the opportunity for an 18 percent...more

Pillsbury Winthrop Shaw Pittman LLP

What a New Texas Insurance Law Means, and Doesn’t Mean, for Harvey’s Victims

As Hurricane Harvey continues to wreak historic damage in Texas, recent updates to a state law dealing with the responsibilities of insurers are scheduled, by sheer coincidence, to take effect this Friday, September 1, 2017....more

Jackson Walker

Texas House Bill 1774 and Hurricane Harvey

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Our hearts and thoughts go out to all of our employees, clients, and friends affected by Hurricane Harvey and the devastation caused by the storm. Your personal safety, and that of your family and loved ones, is our top...more

Carlton Fields

The Privilege Maintains Its Power: Texas Supreme Court Blocks Discovery of Insurer Attorney’s Billing Information

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When (if ever) are an insurer’s attorney’s fees and billing information discoverable in a coverage dispute? Though the question is straightforward, the answer can vary from case to case and jurisdiction to jurisdiction. The...more

Cozen O'Connor

Texas Amends Insurance Code In Response To Weather Claims

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On May 26, 2017, Texas Governor Greg Abbot signed into law Texas House Bill 1774/Senate Bill 10. The new law makes changes to the Texas Insurance Code that will impact the way in which weather claims are brought and how those...more

Carlton Fields

Oregon Supreme Court Revives Century-Old Statute to Award Attorney’s Fees to Policyholder

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The general rule regarding a party’s responsibility for legal fees in U.S. courts, known as the “American Rule,” provides that, barring a contrary contractual obligation or statute, each party is responsible for its own legal...more

Cozen O'Connor

Oregon Supreme Court Rules Insurer May Owe Attorney Fees Even After Settlement

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The Oregon Supreme Court, in Long v. Farmers Insurance Company of Oregon, ruled that “when an insured files an action against an insurer to recover sums owing on an insurance policy and the insurer subsequently pays the...more

Butler Weihmuller Katz Craig LLP

Johnson v. Omega Ins. Co.

The Florida Supreme Court’s opinion in Johnson v. Omega Ins. Co. is important for two reasons: It modifies the allowable use of a presumption established in Florida’s statutory sinkhole scheme; and it explains, and perhaps...more

Butler Weihmuller Katz Craig LLP

What's a Court to Consider After a Post-Suit Payment?

Most first-party insurance lawsuits are accompanied by a claim for attorneys’ fees based on section 627.428, Florida Statutes. The operative language of this statute has been part of Florida law for over a century, and the...more

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