Homeowner's Insurance

News & Analysis as of

Florida, Georgia And Texas Appraisal Update: Is Causation A Coverage Question For The Court Or A Damages Question For The Panel?

In most jurisdictions, underlying coverage issues must be resolved prior to invoking appraisal in a first-party property claim. The question of what constitutes a coverage issue (typically reserved for a court’s judicial...more

Must Claims Severed From A CAFA Class Action Be Remanded To State Court? The Fifth Circuit Says No.

Following Hurricane Katrina, the State of Louisiana filed a class action to recover under homeowners’ insurance policies that the state had received by assignment through a disaster relief program. The insurers successfully...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

Fannie Mae Issues Numerous Servicing Guide Announcements

Over the past week, Fannie Mae has announced numerous servicing policy changes through a series of Servicing Guide Announcements. In SVC-2013-25, Fannie Mae updated allowable bankruptcy attorney and foreclosure attorney fees,...more

What The Hail Is Going On In Texas?

Every lawyer knows that most state court lawsuits fall into a few general categories: slip and falls, auto accidents, employment disputes and collection actions. Year after year after year, the majority of state court...more

Pennsylvania Court Holds Defectively Designed Windows and Doors May Give Rise to an “Occurrence”

On December 3, 2013, the intermediate Pennsylvania Court of Appeals decided Indalex, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, and concluded that an “occurrence” under a commercial umbrella liability policy may...more

Court of Appeal Discusses Coverage Exclusions in Homeowner’s Insurance Policy - Bawden v. Wawanesa Mutual Insurance Company, 2013...

This recent decision of the Ontario Court of Appeal contains an interesting discussion regarding the applicability of a coverage exclusion found within many standard homeowner’s insurance policies — the exclusion of claims...more

Serving Alcohol At Your Holiday Party

We here at the McNees Wallace & Nurick Labor and Employment Law Group have been busy preparing for the holiday season. While holiday parties can be great fun, hosting a holiday party or placing holiday decorations in...more

First Circuit Addresses “Insured Location” Exclusion in Homeowner’s Policy

In its recent decision in Vermont Mut. Ins. Co. v. Zamsky, 2013 U.S. App. LEXIS 20569 (1st Cir. Oct. 9, 2013), the United States Court of Appeals for the First Circuit, applying Massachusetts law, had occasion to consider...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

MIA Bulletin 12-15: Proposed New Regulations Involving Property Claims After Hurricanes

On August 9, 2012, the Maryland Insurance Administration issued Bulletin 12-15, wherein it presented proposed regulations impacting insurers who apply percentage deductibles to hurricane or storm claims. The regulations are...more

What Types of Insurance Should I Have For My Business?

Branching off from our discussion of whether you need an entity for your business, one related issue that’s important to keep in mind is what types and amounts of insurance you should obtain and maintain with respect to your...more

Construction Defect Litigation: Right to Repair Act (SB 800) Does Not Eliminate Common Law Remedies for Actual Damage to...

California’s Right to Repair Act (also known as SB 800) provides court remedies for a homeowner when construction defects diminish the economic value of a home, even though no personal injuries or actual property damage have...more

Recovering for Your Hail-Damaged Property (in Spite of Your Insurance Company)

More than two years after Arizona’s infamous extreme hailstorm of 2010, the hailstorm story is not yet over. The freakishly powerful storm blew through the West Valley, Scottsdale and Mesa, leaving $2.7 billion of damage in...more

Is the View Worth the Risk?

You’ve had your eye on that cliffside property with the great view of the bay for a while now. You’ve been assured that the land is safe to build on, but as a California resident, you know all too well what can happen....more

Australia- Placing Limits On The Provision Of "Reasonable Information And Assistance"

In the recent judgment of Stealth Enterprises Australia Pty Ltd v Calliden Insurance Limited [2013] NSWSC 825, the Supreme Court of New South Wales was called upon to determine the scope of a provision in an insurance policy...more

More on new disparate impact suit against HUD

Last week, we reported that a lawsuit was filed on June 26 in federal district court in Washington, D.C. challenging HUD’s final rule formalizing its use of disparate impact liability under the Fair Housing Act (FHA)....more

How Long Should I Keep My Insurance Policies?

Policyholders often ask, “How long should I keep my insurance policies?” Is it three years? Seven years? The short answer is none of the above. Here are some brief recommendations regarding document retention for insurance...more

Homeowner’s Insurance Anti-Concurrent Causation Clause – Prohibited

On June 1, 2013 House Bill 695 will take effect in Maryland. The bill, although the title seems harsh, does not eliminate or prohibit the inclusion of the Anti-Concurrent Causation Clause in the homeowner’s insurance...more

Connecticut Court Holds Sexual Molestation Limitation Applicable

In its recent decision in Metropolitan Prop. & Cas. Ins. Co. v. Briggs, 2013 U.S. Dist. LEXIS 74885 (D. Conn. May 29, 2013), the United States District Court for the District of Connecticut had occasion to consider a...more

New Jersey Passes Law Requiring Summary of Homeowners Policy

On May 6, 2013, the New Jersey state legislature approved Assembly Bill A-3642, which now becomes Public Law 2013, c.53, requiring homeowners insurance policies delivered or renewed in New Jersey to contain a one-page summary...more

Could My Dog Make Me Uninsurable?

Dog ownership is part of the American dream, along with the house, the two kids and the picket fence. But did you realize the type of dog you decide to bring into your home can actually impact your homeowners...more

Judge Invalidates California Regulation on Estimating Replacement Costs for Homeowners Insurance

On March 25, 2013, Los Angeles Superior Court Judge Gregory Alarcon issued a decision which found the California Department of Insurance’s regulation on estimating replacement costs for homeowners insurance to be invalid. The...more

Bad Faith Sentinel - March 2013

In This Issue: - Southern District Of Ohio: Insurer Does Not Commit Bad Faith By Voiding Policy Due To Insured’s Failure To Promptly And Fully Cooperate With Insurer’s Fire Investigation - Pennsylvania Court...more

Bad Faith Claims Cannot Be Based Solely On Breach Of Contract And Must Allege More Than Conclusory Allegations

In Merrill v. State Farm Fire and Cas. Co., 2013 WL 588515 (W.D.Pa., Feb 13, 2013), the U.S. District Court for the Western District of Pennsylvania dismissed the insured’s common law bad faith claim because it was based...more

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