News & Analysis as of

Property Insurance Property Valuation

J.S. Held

The Assault on Indemnity: Why Now Is the Time to Replace Actual Cash Value Language in Insurance Policies

J.S. Held on

Indemnification of the policyholder is a core principle of the property insurance industry. A similar principle holds that the policyholder shall be “made whole” but not put in a better position than it was prior to the loss....more

Zelle  LLP

Tightening Up Contracts in a Hardening Insurance Market

Zelle LLP on

Over the past decade, as commercial property insurance rates softened, so too have terms and conditions. In some instances, attempts to broaden coverage have also had the effect of diluting the clarity and consistency of...more

Cole Schotz

It’s Not Their Fault: New Jersey Supreme Court Upholds Dismissal of Nuisance and Trespass Claims in Environmental Context

Cole Schotz on

The New Jersey Supreme Court recently clarified the elements needed to sustain a claim for nuisance and trespass in the environmental context. Generally, plaintiffs assert claims under common law such as nuisance and...more

Cozen O'Connor

Sixth Circuit Holds That Declines in Market Value are Not a Factor in Determining Actual Cash Value

Cozen O'Connor on

In a case of first impression in Michigan, the federal Court of Appeals determined last month that general market conditions could not be considered when calculating actual cash value. In Whitehouse Condominium Group, LLC v....more

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