Property Insurance

News & Analysis as of

Property Insurance Claims? Insurance Attorney Offers Simple Yet Vital Guidelines

Suffering a loss to personal or business property can be a stressful situation. To make things worse, the process of reporting, submitting, and presenting your insurance claim can be complex. This article shares a few...more

Common Sense Prevails: State of Collapse Nonexistent Thirteen Years before Discovery of Decay

For years, property insurance policies that exclude rot damage have been called upon to cover rot because the policies extend coverage to “collapse”—an undefined term—caused by hidden decay, even if the structure remains...more

Insurance Recovery Group News: Was it Vandalism or Was it Theft?

Was it vandalism or was it theft? According to Connecticut District Court Judge Jeffrey Meyer, that was the $2 million question in Mercedes Zee Corp., LLC v. Seneca Ins. Co., 2015 WL 9311343 (D. Conn. Dec. 22, 2015). ...more

Property Insurance Diminution in Value Class Action: Georgia Federal Court Dismisses Declaratory Judgment Claim

A while back, I wrote about a Georgia Supreme Court decision, Royal Capital Development LLC v. Maryland Casualty Co., that held that diminution in value of real property is potentially covered under a property insurance...more

New Federal Bill Would Allow Risk Retention Groups to Cover Property

A bill recently introduced in the House seeks to expand the authority of Risk Retention Groups (“RRGs”) to write property, and not just commercial casualty, coverage. HR 3794, which was introduced on a bipartisan basis, would...more

Texas Federal Court Rejects Insured’s Attempt To Destroy Diversity By Naming Adjuster As Defendant

The insured in Patel v. Acceptance Indem. Ins. Co., No. 4:15-CV-944-A, 2016 U.S. Dist. LEXIS 10300 (N.D. Tex. Jan. 28, 2016), alleged that Acceptance Indemnity Insurance Company and its adjuster, Charles Payne, did not fully...more

Coverage for Direct Physical Loss Does Not Necessarily Include “Matching” or Require “Aesthetic Uniformity”

When a property insurance policy covers a multi-story building or multi-building property, and a portion sustains damage, there is often a question regarding the extent to which undamaged property should be replaced to ensure...more

California Department of Insurance Orders California Fair Plan To Make Coverage Changes

On January 20, 2016, the California Department of Insurance (CDI) issued an Order to the California Fair Access to Insurance Requirements (FAIR) Plan Association to expand the coverages offered under its residential property...more

As Winter Storm Jonas Bears Down, Businesses Should Seek To Protect Their Insurance Rights

While this year’s winter has been relatively mild for the East Coast, Winter Storm Jonas is expected to produce prolific amounts of snow in parts of the East, rivaling infamous snowstorms of the recent past. While the...more

Insurance Coverage Issues for Hotel and Apartment High-Rises Damaged by Fire

Just before fireworks exploded across the sky to usher in 2016, a massive fire engulfed the Address Downtown Hotel in Dubai. At nearly 1,000 feet tall, this five-star hotel and luxury apartment building —with about 200 hotel...more

Labor Depreciation Class Action Update

It’s been a while since I updated you on the status of class action litigation regarding the application of depreciation to labor costs on property insurance claims. There have been three decisions since my last update, with...more

Florida’s Third District Upholds Multiplier To Increase Award Of Attorneys’ Fees To Insured

In Citizens Prop. Ins. Corp. v. Pulloquinga, 2015 Fla. App. LEXIS 19453 (Fla. Dist. Ct. App. 3d Dist. December 30, 2015), the Third District affirmed a Miami-Dade trial court’s application of an attorney fee multiplier of...more

Talley’s Insurance Tip of the Month: Winterize your Property Insurance Risks

Talley’s Tip: The cold may very well be here to stay. So, it’s a good time to turn attention to pipes and roofs and try to minimize the risks that come with unusual weather, ice and snow. ...more

IREG Update - Price optimization

Price optimization update - Background - In June 2015, we reported that while four states had issued formal bulletins and memoranda prohibiting the practice of price optimization by property and casualty insurers,...more

First Floods of 2016: Insurance Recovery Tips for Midwestern Businesses

The beginning of 2016 brought floods to the Midwest—and, tragically, loss of life and extensive property damage. With the floodwaters now receding and cleanup underway, affected businesses should consider obtaining insurance...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

The Argument for Utmost Good Faith in Property Insurance

The term “bad faith” is commonly understood as a breach of the implied duty of good faith and fair dealing recognized in insurance contracts due to the “special relationship” between an insured and an insurer. Breach of this...more

Can You Burn the House Down and Still Recover From Your Homeowners Insurer? An Illinois Judge Says Yes!

Someday the editors of this blog will have to create a “Hall of Shame” for most witheringly wrong-headed pieces of first-party property insurance jurisprudence, and a clear contender is a federal decision out of Illinois that...more

NAIC Report: 2015 Fall National Meeting

The National Association of Insurance Commissioners (NAIC) held its 2015 Fall National Meeting from November 17 through November 22 at National Harbor, Maryland. Notwithstanding the gigantic size of the Gaylord National...more

Avoiding Gamesmanship in Appointing Appraisal Umpires

Appraisal has long been utilized as a tool for resolution of disputes over the amount of loss at issue in property insurance claims. Unfortunately, the appraisal process has devolved in recent years. What was once considered...more

New Jersey Court Rejects Theory of Spoliation By Encouragement

Three years out, Superstorm Sandy litigation continues to wend its way through New Jersey’s courts.  Last weekend, a federal judge in the state handed a victory to the insurer in Stiso v. State Farm Fire & Cas. Co., 2015 U.S....more

Insurers From Coast to Coast Notch Suit Limitation Victories

Over the last several months, courts in Washington, Kansas, and Virginia have awarded victories to carriers asserting a suit limitation defense, and there are three valuable takeaways from the decisions. First, the insurer...more

Florida Court Rejects Claim Replacement Of Undamaged Property Is Necessary For Aesthetic Uniformity

Late last week a federal court in Florida tossed a condominium association’s claims that it was entitled to replace undamaged hallway carpeting, wallpaper, baseboards, and woodwork in order to “achieve aesthetic uniformity”...more

Vermont Supreme Court Collapse Case Underscores Danger of Insuring Against the “Risk” of a Peril

Three months ago in Equinox on the Battenkill Mgmt. Ass’n. v. Philadelphia Indem. Ins. Co., 2015 VT 98 (Vt., Aug. 7, 2015), Vermont’s highest court held that a policy insuring against the “risks of . . . collapse” affords...more

New Hampshire Federal Court Rules That England’s Statute Of Limitations Applies To A Cedent’s Breach Of Contract Claim

In a diversity action based upon breach of a facultative reinsurance certificate, a New Hampshire federal court recently held that England’s six-year statute of limitations governed a cedent’s contract claim, rejecting the...more

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