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Zelle  LLP

California Wildfires - Underwriting Considerations

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Wildfires in California are, unfortunately, burning as frequently and as ferociously as ever. Exemplified by the 2017, 2018, and 2020 wildfire seasons, the number of wildfires in the last 5 years stands at a staggering 85,028...more

Burr & Forman

Uphill Battle Awaits COVID-19 Business Insurance Claimants as the Debate Moves up to Appellate Courts

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A majority of trial courts adjudicating COVID-related property insurance coverage lawsuits have found that coverage is not triggered absent direct physical loss or property damage. ...more

Stinson LLP

Insurance Coverage for Protest-Related Property Damage & Civil Closure Orders

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As riots have swept across our cities, businesses have suffered direct property losses, including looting, broken storefront glass and signage, damaged inventory and business property, and smoke and fire damage. Businesses...more

White and Williams LLP

Northern District of Mississippi Finds That Non-Work Property Damages Are Not Subject to AIA’s Waiver of Subrogation Clause

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In recent months, the Northern District of Mississippi has grappled with how to interpret waivers of subrogation in American Institute of Architects (AIA) construction industry contracts and, specifically, how they apply to...more

Baker Donelson

Hurricane Harvey: Immediate Considerations for Impacted Public and Non-Profit Entities

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At this time, immediate lifesaving response activities have priority. As soon as they are able, impacted public and non-profit entities must consider the available resources to help defray costs, including insurance and...more

Bradley Arant Boult Cummings LLP

House Bill 1774 Requires Urgent Action by Texas Policyholders to Preserve Coverage for Hurricane Harvey Flood Claims

Even as Hurricane Harvey’s effects continue to unfold, Texas policyholders face another imminent threat. On September 1, 2017, a new Texas law becomes effective that dramatically limits insurance recoveries for Texan...more

Robins Kaplan LLP

When it Rains it Floods: California Rainstorms and Flood Insurance

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Until very recently, the scarcity of water and the decline in oil prices in California prompted the joke that oil was being used as fracking fluid to get water out of the ground. In the last week, however, so much rain has...more

Pillsbury Winthrop Shaw Pittman LLP

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

Cozen O'Connor

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

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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

Carlton Fields

Prevailing in an Era of Regulatory Enforcement – Balancing Risk and Compliance [Expect Focus – Vol. II, July 2016]

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IN THE SPOTLIGHT - - SEC Sanctions Unregistered EB-5 Investments Broker SECURITIES - - FINRA to Assess Member Firms’ Culture - SEC Seeks Fund Responses to Distribution-In-Guise Guidance ...more

Pullman & Comley, LLC

Ask the Public Adjustor: Covering Life with Wisdom*

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In December 2010, after sharing a few drinks with his classmates, Josh began driving a dump truck that didn’t belong to him. The police of Stow, Ohio, asked Josh to pull over, but he led them on a 50-mile chase at speeds up...more

Cozen O'Connor

Florida Insurer Waives Two-Year Requirement by Waiting That Long to First Raise It

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Florida court recently held that the insurer could not rely on a policy requirement that conditioned recovery of the cost of complying with current building codes during reconstruction on having completed the work within two...more

Pullman & Comley, LLC

Appellate Court Notes

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AC35802 - Estate of Haburey v. Winchester - Widow was allowed to claim spousal benefits for deceased employee who worked at municipal sewage treatment facility. Commissioner could have properly found that exposure to...more

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