Property Insurance

News & Analysis as of

Fifth Circuit Clarifies Claims Handling Quandary: When Does a Cause of Action Accrue?

The U.S. Court of Appeals for the Fifth Circuit issued a per curiam opinion in De Jongh v. State Farm Lloyds, 2016 U.S. App. LEXIS 21432 (5th Cir. 2016) that clarified a typical but potentially tricky question involving...more

The Supreme Court - December, 2016 #2

The Supreme Court of the United States issued decisions in three cases today: Samsung Electronics Co. v. Apple Inc., No. 15-777: A jury found that smartphones manufactured by petitioner Samsung infringed respondent Apple...more

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...more

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

Florida Supreme Court Decides that Concurrent Causes Equal Coverage

It’s said that “defeat is an orphan,” but insurable losses often have multiple, concurrent causes. In some cases, one or more of those causes might be outside the scope of coverage, either by omission or exclusion. In Sebo v....more

Ask the Public Adjustor: Covering Life with Wisdom*

Dear Public Adjustor: I’m often proud of my dad, like when he stood up to the PTA about The Catcher in the Rye. But lately he has me worried. He’s sacrificed an entire season’s corn crop to build a ballfield in the...more

Repeated Use of Defective Fireplace Triggers Duty to Defend Even if Active Fire Does Not Break Out Until After End of Policy...

In Tidwell Enterprises v. Financial Pacific Ins. Co. (No. C078665, filed 11/29/16), a California appeals court held that that even though a house fire occurred after the policy period, there was nonetheless a possibility of...more

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

Rhode Island Regulation 68, Voluntary Restructuring of Solvent Insurers Act

Recently Rhode Island revised its Voluntary Restructuring of Solvent Insurers Act as implemented by DBR Regulation 68. This was, in many respects, modeled after the UK’s Part VII Transaction, which, subject to court approval,...more

Title Bout: Second Circuit Limits Parties’ Control Over Construction Of Policies

Like other contracts, insurance policies are divided into parts, and most of the parts appear under headings or captions. A separate contract term (known as a “titles clause” or a “headings clause”) sometimes specifies that...more

When It Rains, It Pours. When It Pours, It Floods. Is there Insurance Coverage for Your Resulting Losses?

The 2016 Atlantic hurricane season, which is coming to a close, has been quite active (translation: destructive and costly). So far, there have been fourteen named storms this season. Six of them were hurricanes, three of...more

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

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

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

HUD Advocates Broad “Disparate Impact” Liability for P&C Insurers

In February 2013, the U.S. Department of Housing and Urban Development adopted a “Discriminatory Effects Rule,” which established liability under the Fair Housing Act for conduct that is otherwise lawful, but which has a...more

IN Catastrophes: Preparing for Hurricane Matthew Claims in the Carolinas

Thousands of homes and other buildings both on the coast and in the interior of the Carolinas have been damaged or destroyed by Hurricane Matthew, and ongoing flooding continues to cause damage and hinder recovery efforts. By...more

State-law Based Claims Against Parties Other than the United States Seeking Damages Arising Out of the Procurement of Flood...

Harris v. Nationwide Mutual Fire Insurance Company, __ F.3d __, 2016 WL 4174381 (6th Cir. Aug. 8, 2016) - Case at a Glance - Plaintiffs purchased a home located in a federal flood zone, but they did not purchase...more

Important Insurance Coverage Considerations for Losses Caused by Hurricane Matthew

Hurricane Matthew hammered the south eastern United States from October 6 through October 9, before finally veering off into the Atlantic. Matthew devastated parts of Florida, Georgia, South Carolina, and North Carolina...more

Post-Hurricane Matthew: Insurance Statutes and Regulations

Because Hurricane Matthew claims may be taking you and your colleagues to several different states, we thought it might be helpful to bear in mind the different claims adjusting standards and regulations in those states that...more

Hurricane Matthew Requires Immediate Action to Maximize Insurance Recovery

After tearing through the Caribbean, Hurricane Matthew’s path brought it north to the Southeastern coast of the U.S., bringing evacuations, business closures and damages to the region. Florida, Georgia, South Carolina and...more

Hurricane Matthew insurance tips for businesses

With Hurricane Matthew downgraded to a tropical cyclone, it is time for affected businesses, property owners, and insurers to focus on quantifying the amount of damage caused by the storm. By some estimates, Hurricane...more

As Hurricane Matthew Approaches: A "Top Ten" List for Handling Condominium Association Claims

Condominium association property claims can be contentious and confusing. Large condominium buildings often are the subject of multi-million dollar insurance claims, lawsuits, and appraisals.The “cookie cutter” nature of...more

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

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

Sometimes It’s Hard to Waive Subrogation: Pacific Indemnity v. Deming

According to the recent decision of the U.S. Court of Appeals for the First Circuit in Pacific Indemnity Company v. Deming, 2016 WL 3607028, 2016 U.S. App. LEXIS 12374 (July 5, 2016) common contractual provisions that...more

IN the District of Columbia, Policyholders Are Out of Time and Out of Touch

In the recent opinion from the U.S. District Court for the District of Columbia, Azoroh et al. v. Automobile Ins. Co. of Hartford, Ct., --- F. Supp. 3d ---, Civil Action No. 14-1695, 2016 WL 4148184 (D.C. Cir. August 4,...more

Texas Says ‘No Way’ to One Way’s Hail Damage Claim

In a recent opinion, U.S. District Judge Sidney Fitzwater delivered the final blow to One Way Investments Inc. in its hail damage lawsuit against property insurer Century Surety Company — granting summary judgment in favor of...more

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