News & Analysis as of

Property Damage Breach of Contract Severe Weather

Marshall Dennehey

As the Jury Was Not Asked to Determine the Deductible’s Applicability, the Trial Court Erred by Not Applying the Hurricane...

Marshall Dennehey on

Citizens Property Insurance Corporation v. Marie Avril and Clifford Romain, 4th District, Case no. 4D2022-0360, Mar. 27, 2024, Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County - The...more

Carlton Fields

Texas Supreme Court Clarifies When Insured May Recover Policy Benefits

Carlton Fields on

In an effort to clarify over 20 years of conflicting precedent, the Texas Supreme Court announced five rules that, according to the court, explain the relationship between claims for breach of insurance policy and...more

Zelle  LLP

Insureds Cannot Shift Burden To Identify Claimed Damage

Zelle LLP on

The first-party insurance claims process has always been pretty simple for the typical insured: call the agent to report a claim, identify and quantify the claimed damage, work cooperatively with the insurance adjuster to...more

Cozen O'Connor

Can Disputes Related To Procurement Of Federal Flood Insurance Policies Be Litigated In State Court?

Cozen O'Connor on

It is well-established that claim processing and wrongful denial of coverage disputes involving federal flood insurance policies belong in federal court because they present substantial questions of federal law. The U.S....more

Robinson+Cole Property Insurance Coverage...

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

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...more

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