Robinson+Cole Property Insurance Coverage Insights

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Firm Profile: Robinson & Cole LLP
280 Trumbull Street
Hartford, CT 06103-3597, United States
Phone: (860) 275-8200
Fax: (860) 275-8200
Areas of Practice
  • Insurance
  • Real Estate
  • Zoning, Planning & Land Use
Locations
Other U.S. Locations
  • California
  • Connecticut
  • Florida
  • Massachusetts
  • New York
  • Rhode Island
Number of Attorneys
50-100 Attorneys

Eastern District of New York Upholds Flood Exclusion in Superstorm Sandy Case

Nearly five years after Superstorm Sandy, some consistent themes are beginning to emerge from the increasingly robust body of property coverage case law related to the storm. A recent decision from the Eastern District of New…more
 /  Commercial Law & Contracts, Insurance, Real Estate - Commercial

Hurricane Harvey, the Texas Supreme Court, and Anti-Concurrent Causation

Many commercial and residential property insurance claims arising from major hurricanes like Hurricane Harvey present damage caused by multiple causes of loss, some of which may be covered (e.g., wind) and some of which may not…more
 /  Commercial Law & Contracts, Insurance, Real Estate - Commercial, Real Estate - Residential

Texas Department of Insurance Issues Additional Bulletins Relating to Hurricane Harvey

Last week, we wrote a post about a number of bulletins of potential interest to property insurers issued by the Texas Department of Insurance concerning the appropriate conduct of those involved in the insurance claims process…more
 /  Commercial Law & Contracts, Insurance

New Texas Insurance Code Chapter 542A, Effective September 1, 2017, May Reduce The Number of Harvey Lawsuits

Recently, the Texas legislature acted to curb abusive lawsuits filed by insureds as a result of hailstorm and other property insurance claims. According to the Executive Director of The Texas Coalition for Affordable Insurance…more
 /  Commercial Law & Contracts, Elections & Politics, Insurance

Texas Department of Insurance Issues Bulletins Relating to Hurricane Harvey

With flood waters yet to fully recede, and the cleanup and recovery efforts from the damage caused by Hurricane Harvey and its aftermath in southeast Texas just beginning, the Texas Department of Insurance issued a number of…more
 /  Commercial Law & Contracts, Insurance, Real Estate - Commercial, Real Estate - Residential

Connecticut Supreme Court Reaffirms Court’s Limited Power To Review Appraisal Awards

The Connecticut Supreme Court recently handed down an important decision reiterating the high bar to overturning arbitration awards while, at the same time, clarifying a portion of the applicable statute providing for vacating…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Insurance

Suit Limitation Period In Standard Flood Insurance Policy Is Not Tolled By Filing In State Court: Hurricane Irene Claim Dismissed By Fourth Circuit

The terms and conditions of the Standard Flood Insurance Policy (“SFIP”) are specified by regulations promulgated under the National Flood Insurance Act (“NFIA”). One of the terms in the SFIP provides that the insured cannot sue…more
 /  Business Torts, Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Residential

District of New Jersey Dismisses Third Party Claims Sounding in Policy Handling on Preemption Grounds

A federal court in New Jersey recently dismissed state law claims brought by third party plaintiffs, including the insured’s broker, against a Write Your Own insurance carrier. The claims at issue in Residences at Bay Point…more
 /  Civil Procedure, Commercial Law & Contracts, Conflict of Laws, Insurance, Real Estate - Residential

Appraisal Award Unenforceable Where Suit Limitation Period Expired Prior To Filing Suit: New York County Dismisses Storm Sandy Coverage Suit

Suit limitation provisions in insurance policies shorten the statutory period of time that a plaintiff may bring a suit against an insurer for certain causes of action. A New York court recently held that an appraisal award…more
 /  Civil Procedure, Commercial Law & Contracts, Insurance

Innocent or Unintentional Mistake in Application is Irrelevant: NY’s Second Department Finds Rescission Appropriate and Affirms Summary Judgment Based on Insurer’s Claim of Misrepresentation

When an insurer finds that the insured misrepresented a material fact in an application for insurance, the insurer may rescind the policy of insurance, and take the position that no coverage exists for a claimed loss. In a…more
 /  Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Residential

New Jersey Appellate Division Applies Anti-Concurrent Causation Clause to Bar Combined Flood/Sewer Backup Claim

Frequent readers of the blog will appreciate that disputes involving the application of anti-concurrent causation language in the context of claims for flood or water damage have appeared with some frequency in recent years…more
 /  Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Residential

What Is Prompt Notice? Second Circuit Analyzes Late Notice In New York

Property insurance policies typically require that, once an insured suffers a loss, the insured report the loss to the insurance carrier promptly. The purpose of such a provision is to allow an insurer to investigate a claim…more
 /  Civil Procedure, Commercial Law & Contracts, Insurance

Unequivocal Denial: District of New Jersey Court Outlines What is Not Necessary

We have previously featured New Jersey District Court decisions addressing “unequivocal” denials in the context of policies’ suit limitation provisions. In the latest, Ryan v. Liberty Mut. Fire Ins. Co., No. 14-6308 (WHW)(CLW),…more
 /  Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Residential

District of Connecticut Reaffirms That Definition Of “Collapse” Is Unambiguous

The United States District Court for the District of Connecticut recently reaffirmed its ruling that the term “collapse,” as defined by a homeowners insurance policy, is unambiguous and that the policy in question did not…more
 /  Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Residential

Competing Causes of Loss: Florida Supreme Court Issues Decision Applying The Concurrent Causation Doctrine

We have discussed on a number of occasions the issue of causation when there are multiple causes of loss, some covered and some not covered. Most jurisdictions apply what is known as the efficient proximate cause analysis with…more
 /  Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Residential
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