Property Insurance

News & Analysis as of

What Constitutes an Unequivocal Denial of Coverage? New Jersey District Court Provides Some Guidance

Like most jurisdictions, New Jersey allows parties to an insurance contract to shorten the six-year statute of limitations for contract actions. See N.J.S.A. 2A:14-1 (“Every action at law . . . for recovery upon a...more

Colorado Takes A Stand Against Unauthorized Settlements

The “notice-prejudice” rule gives a pass to policyholders who breach the notice or cooperation provisions of their policies, if the breach is found not to have prejudiced the insurer. Sometimes, the late notice does not...more

The Latest on Late Notice in Texas Property Insurance

Texas hail season is in full swing and the courts are giving insureds (and their prospective attorneys) a lot to think about when it comes to turning in those claims. The eagerly awaited decision by the Fifth Circuit in...more

NY Appellate Court Rules “Blanket Ordinance or Law Coverage” not as Blanket as Insured Hoped

In 1947, some Bedouin shepherd boys were tending their sheep and goats near the ancient settlement of Qumran, near the Dead Sea. One of the boys threw a rock into an opening on the side of a cliff and heard something break. ...more

New Jersey Supreme Court Holds that a Person Violates the Insurance Fraud Statute Even if Insurer is Not Duped Into Paying a...

In the recent case of State of New Jersey v. Robert Goodwin, 224 N.J. 102, 129 A.3d 316 (N.J. 2016), the Supreme Court of New Jersey held that a person violates the insurance fraud statute, N.J.S.A. 2C:21-4.6(a), even if he...more

Real Property & Title Insurance Update: Weeks Ending April 29 & May 6, 2016

REAL PROPERTY UPDATE - Foreclosure/Requests for Admission: trial court erred by involuntarily dismissing foreclosure action based solely on lender’s failure to respond to requests for admission because lender’s...more

House Passes Private Flood Insurance Bill by Unanimous Vote

On April 28, the U.S. House of Representatives passed the Flood Insurance Market Parity and Modernization Act (H.R. 2901) by a unanimous vote of 419-0. The bill, which was introduced in June 2015 by Rep. Dennis Ross,...more

Hurricane Season: Time to Determine Whether You're Covered for Weather

June 1 brings the beginning of the 2016 hurricane season. These storms have the potential to cause devastating damage for companies who own property such as apartment buildings, hotels, factories, retail outlets, warehouses...more

Court Cannot Divide An Offer To Settle

In Sugar Hut Group Ltd & ors v A J Insurance Service [2016] EWCA Civ 46, 3 February 2016, the Court of Appeal over-ruled the High Court’s judgment about how costs should be awarded where a claimant succeeds on only part of...more

Florida Regulators Approve Policy Language Aimed at Limiting “Assignments of Benefits” Claim Practice

Insurance companies that write property risks in Florida are getting in line to request approval from the Office of Insurance Regulation (OIR) for two key policy revisions intended to control losses from a water damage...more

Maximizing Insurance Recovery For Businesses Impacted By Recent Natural Disasters

There has been a spate of natural disasters throughout the world recently—from major earthquakes in Japan and Ecuador to torrential rainfall and flooding in Texas. These events have had devastating consequences, including the...more

Recent Washington Decisions Illustrate Need to Handle Property Claims in Timely Manner

An issue that often arises in the context of property insurance is whether a carrier’s delay in adjusting a claim can create a basis for a viable bad faith claim.  The law in each state is different and the prudent practice...more

What Constitutes ‘Physical Loss’ for Property Insurance?

In determining whether a property insurance policy responds to a loss, the fundamental, threshold question to be answered is whether or not the policyholder sustained “physical loss or damage” to insured property. In the...more

Virginia Federal Court Underscores Distinction Between a Loss and an Occurrence for Purposes of Notice Conditions

In Clarabelle Wheeler v. The Standard Fire Insurance Company, 2016 WL 1164651 (W.D. Va. Mar. 23, 2016), the insurer argued that the insured failed to give “prompt notice” of the loss as required by the policy’s notice...more

Florida’s Second District Upholds Policy Requirement Regarding Payment Of Subsurface Repairs In Sinkhole Claim

In Citizens Prop. Ins. Corp. v. Amat, 2016 Fla. App. LEXIS 2412 (Fla. Dist. Ct. App. 2d Dist. Feb. 19, 2016), the Second District remanded a final judgment awarding damages in a sinkhole claim for subsurface repairs without...more

The Uncertainty of Remand in Texas

The United States District Courts in Texas continue to issue conflicting opinions regarding the analysis to be used in determining whether a state court petition contains sufficient allegations against a nondiverse defendant...more

Is Cannabis Inventory Covered by Commercial Property Insurance?

A lingering question for the growing cannabis industry has been to what extent insurance could, would or should cover product inventory. Now we have a preliminary answer thanks to a recent decision denying summary judgment to...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

Private Flood Insurance Plans One Step Closer to Hitting the Market

Legislation to allow privatized flood insurance on the market surged unanimously through a House Financial Services Committee mark up. Voting 53-0 on March 2nd, the Committee approved the idea of enabling private flood...more

Texas Tornadoes: Why Risk Mitigation Matters

On Dec. 26, 2015, 12 confirmed tornadoes struck the North Texas area, killing 13 people.[1] Property damage resulting from the tornadoes is currently estimated at $1.2 billion. According to the National Oceanic and...more

New Law in New Jersey Increases Scope of Insurance Fraud to Insurance Certificates

Contractors should be aware of a New Jersey law that could cause them to be found liable for insurance fraud if they provide insurance certificates to owners containing false or misleading information. The new law, which goes...more

Tennessee Court Interprets Meaning Of “Personal Effects” Under Property Policy

In Stevenson v. Am. Cas. Co. of Reading, Pa., 2016 Tenn. App. LEXIS 48 (January 27, 2016), the Tennessee court of appeals affirmed the granting of a motion for summary judgment in favor of an insurer with regard to whether an...more

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

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