Homeowner's Insurance

News & Analysis as of

Ouch! My Homeowners Insurance Excluded my Dog!

Woodland Hills personal injury attorney Barry P. Goldberg is an expert on insurance and insurance coverage and receives many inquiries about insurance issues from both the public and other lawyers. Also, Mr. Goldberg’s...more

Florida Court Declines to Apply a Multiplier as to Attorneys’ Fees in a First Party Insurance Coverage Dispute

In Fla. Peninsula Ins. Co. v. Wagner, 2016 Fla. App. LEXIS 8262 (Fla. 2d DCA 2016), the Second District examined whether the trial court properly applied a multiplier as to attorneys’ fees after the insured homeowners...more

Insurer Correctly Non-Renewed Homeowner’s Insurance Policy

The South Carolina Court of Appeals has concluded that notice of cancellation of a homeowner’s insurance policy is controlled by S.C. Code § 38-75-1160, not the more general § 38-75-740, and that the mortgage holder was not...more

Broad but not Ambiguous: Eighth Circuit Weighs In On Water Below The Surface Exclusion  

An exclusion in a homeowner’s policy for loss resulting from “water . . . below the surface of the ground” is not limited to naturally occurring water, according to a recent decision of the Eighth Circuit Court of Appeals in...more

Case Reminds Insurance Agents to Review Process of Receiving Approval from Insureds Before Submitting Applications to Carriers

Schmidt v. Indiana Insurance Co., No. 22S01-1507-PL-412, Supreme Court of Indiana, December 2, 2015 - Plaintiff was the owner of a house in which he allowed his cousin to live from 2007 to 2009. When the cousin moved...more

New Jersey Federal Court Confirms Application of Anti-Concurrent Causation Language in Hurricane Sandy Lawsuit

Readers of this blog may note that we have previously discussed the topic of anti-concurrent causation clauses in various jurisdictions around the country. As a quick reminder, an anti-concurrent causation clause is that...more

Industry Trade Groups Renew Challenge to HUD Disparate Impact Rule

Two industry trade associations whose members sell homeowners insurance have been granted leave to file an amended complaint in their lawsuit challenging the Fair Housing Act (FHA) disparate impact rule (Rule) adopted by the...more

Slip And Fall Accidents On Private Property

If you are a guest on someone’s property, such as their home, and you are injured in a slip and fall accident, can you file a claim to recover financial compensation for your injuries? In California, generally speaking,...more

Limited Sinkhole Insurance Available for Florida Residents on July 2016

On April 6, 2016, Florida Governor Rick Scott signed into law S.B. 1274, which amends Florida’s sinkhole insurance statute. These changes will go into effect on July 1, 2016 and will provide Florida homeowners with more...more

Is My Dog Bite Covered by Homeowners Insurance? —-Depends!

Woodland Hills personal injury attorney Barry P. Goldberg has handled a disproportionate number of dog bite and dog attack cases after practicing 31 years in the mostly suburban San Fernando Valley. The combination of...more

Diminished Value Claims Under Homeowners Coverage Certified in Georgia Class Action

The court in Thompson v. State Farm Fire & Cas. Co., 2016 U.S. Dist. LEXIS 30308 (D. Ga. 2016), recently issued a mixed ruling on class certification regarding diminished value claims for Georgia homeowners. The plaintiffs...more

Property Insurance Diminution in Value Class Action: Georgia Federal Court Certifies Class

One of the issues I’ve been covering on this blog is a series of putative class actions in Georgia arising out of a Georgia Supreme Court decision in 2012, which held that diminution in value of real property is potentially...more

Insure Your Risk as an Airbnb Host

As Bay Area residents prepared for thousands of football fans and media to descend on their region for the Super Bowl, one began to hear the sorts of rumblings that typically precede big events. Traffic will be terrible....more

When Policyholders Aren't Entitled To Preaward Interest

Most property insurance policies contain an appraisal clause that provides that if the parties cannot agree on the amount of loss, either party may demand an appraisal. An appraisal panel consisting of two party-appointed...more

Wilcox v. State Farm: Minnesota Supreme Court Decision In Labor Depreciation Class Action

Yesterday the Minnesota Supreme Court issued its opinion in Wilcox v. State Farm Fire & Casualty Company, a putative class action alleging that State Farm, in estimating the “actual cash value” of property damage under...more

Summary of California Appellate Decisions - January 2016

Insurance Coverage; Vandalism and Malicious Mischief Exclusion - Hung Van Ong v. Fire Insurance Exchange (2015) 235 Cal.App.4th 901, 185 Cal.Rptr.3d 524 - Facts: The insured had a vacant apartment building....more

Arkansas Federal Court to Consider Sanctioning Attorneys for Using Federal Jurisdiction as “Bargaining Chip” in Negotiating...

In Adams et al. v. United Services Automobile Ass’n et al., W.D. Ark. No. 2:14-cv-02013, Chief District Judge P.K. Holmes III of the Western District of Arkansas will soon decide whether to sanction attorneys who negotiated a...more

“Insanity Defense” Fails To Preserve Coverage For Insured’s Arson

Missouri resident James Roller set fire to his garage in an attempt to commit suicide. When smoke and fumes surrounded him he changed his mind, fled the garage, and alerted his wife of the fire. Mrs. Roller called 911. A...more

UK Financial Regulatory Developments - January 2016 #1

TIA publishes guidance on paperless transfers - TIA has published industry guidance on paperless renunciation or transfer of units or shares in authorised investment funds. The guidance sets out measures that operators...more

Getting Coverage for your Property Loss— Consider the “Efficient Proximate Cause.”

Woodland Hills personal injury attorney has significant experience in insurance and insurance coverage. Often, the ability to understand and access insurance coverage is a key component in a successful recovery in a large...more

To Stay or Not to Stay … That Is the Question

In the insurance arena, courts are often confronted with simultaneous lawsuits involving the same, or almost the same, parties. In the “underlying case” a claimant seeks damages from an insured defendant. Simultaneously, the...more

For Whom the Contractual Suit Limitation Period Tolls

Virginia’s Supreme Court recently addressed an issue of statutory interpretation that affects whether or under what circumstances a contractual suit limitation provision in an insurance policy may be tolled. In Allstate Prop....more

After Pit Bull Case, Questions Dog New York’s “Unfortunate Event” Test

Where an insurance policy contains a “per occurrence” limit on coverage, New York courts apply what they call the “unfortunate event” test to determine how many “occurrences” are involved in a given claim or set of claims. ...more

Vermont: First-Party Pollution Exclusions Are Not Confined to Traditional Environmental Pollution.

Courts in a number of American states, notably California, have found that pollution exclusions in first-party policies are “inherently ambiguous” and that the purpose of such provisions is “to address liability arising from...more

Appeal Court Applies Correctness Standard of Review for Standard Form Contracts, Distinguishes Sattva

The Court of Appeal for Ontario has held that appeal courts will review decisions interpreting standard form contracts on a correctness standard, as opposed to the more deferential standard of review of reasonableness....more

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