The COVID-19 pandemic has swept the world, altering every aspect of daily life — whether it be a morning trip to the gym, a day at the office, a dinner at the Italian restaurant across the street, or a Friday night concert in...more
Insurance policies are designed to indemnify an insured by putting the policyholder in the same position he or she would have been in had no loss occurred. In the context of property insurance policies, damaged property is...more
As we have reported, an assignment of benefits (AOB) is a legal tool that allows a third party, like a contractor, to be paid for services performed, like repairs following an insured loss, for an insured property owner who...more
In ACE American Ins. Co. v. Exide Technologies, Inc. and The Wattles Co., No. 1:16-CV-1600-MHC (N.D. Ga. Sept. 20, 2017), the Federal District Court for the Northern District of Georgia applied a continuous trigger theory to...more
10/10/2017
/ All-Risks Insurance ,
Breach of Contract ,
Continuous Trigger Theory ,
Damages ,
Denial of Insurance Coverage ,
Insurance Industry ,
Insurance Litigation ,
Negligence ,
Policy Exclusions ,
Policy Terms ,
Property Damage ,
Property Insurance ,
Proximate Cause
As the waters recede from Hurricane Irma, there are many issues for property insurers to consider as they adjust claims in Florida, including unique issues raised by assignment of benefits, Florida law on concurrent...more
9/26/2017
/ Assignment of Benefits (AOB) ,
Farms ,
Fire Damage ,
Flood Insurance ,
Florida ,
Hurricane Irma ,
Insurance Claims ,
Insurance Industry ,
Natural Disasters ,
Policy Terms ,
policy-term ,
Property Damage ,
Property Insurance ,
Real Estate Market ,
Severe Weather ,
Wind Damage
As the waters recede from Hurricane Irma, property insurers have many issues to consider as they adjust claims in Florida. This alert discusses a few of those issues.
Claims Reporting -
The Florida Office of Insurance...more
9/26/2017
/ Assignment of Benefits (AOB) ,
Farms ,
Fire Damage ,
Flood Insurance ,
Florida ,
Hurricane Irma ,
Insurance Claims ,
Insurance Industry ,
Natural Disasters ,
Policy Terms ,
Property Damage ,
Property Insurance ,
Real Estate Market ,
Severe Weather ,
Wind Damage
In the wake of the March 30 collapse of the I-85 bridge in Atlanta, Georgia Governor Nathan Deal declared a state of emergency calling for closure of both the northbound and southbound lanes of I-85 in Fulton County. A copy...more
4/3/2017
/ Bridges ,
Business Interruption ,
Civil Authority Coverage ,
Critical Infrastructure Sectors ,
Ingress/Egress ,
Insurance Industry ,
Loss of Income ,
Policy Terms ,
Property Insurance ,
State of Emergency ,
Transportation Corridor
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
12/5/2016
/ All-Risks Insurance ,
Appeals ,
Construction Defects ,
Denial of Insurance Coverage ,
FL Supreme Court ,
Florida ,
Insurance Industry ,
Insurance Litigation ,
Policy Exclusions ,
Policy Limits ,
Policy Terms ,
Property Damage ,
Property Insurance ,
Severe Weather ,
Toxic Mold
A recent article in the Sports section of The Miami Herald read “Shooting coach helps Winslow.” Perhaps, but it probably didn’t help the coach much. The admonition to “eat every carrot and pea on your plate” undoubtedly...more
9/12/2016
/ Airports ,
Declaratory Judgments ,
Denial of Insurance Coverage ,
Duty to Defend ,
Insurance Industry ,
Insurance Litigation ,
PCBs ,
Policy Exclusions ,
Policy Terms ,
Pollution Exclusion ,
Summary Judgment