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Damages Insurance Claims

Marshall Dennehey

Appraisal Was Premature Because an Evidentiary Hearing Was First Required to Determine Whether the Policyholder Satisfied the...

Marshall Dennehey on

Heritage Property & Casualty Ins. Co., Appellant v. Sunset Villas Phase III Condominium Association, Inc., Appellee, Fla. 3rd DCA, 3D23-1672, May 15, 2024, Appeal from non-final order from Miami-Dade Co. Lower Tribunal No....more

Maison Law

Liability in Vacation Rental Injuries in California

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The vacation rental industry claims over two million properties throughout the United States. According to the Miliken Institute, California had 128,000 short-term vacation rental listings in 2022. The Big Bear region in...more

Cozen O'Connor

A New Era for Extra-Contractual Damages in Oregon - What We Know and What We Are Learning Six Months Since Moody

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The start of 2024 marked the end of an insurance era in Oregon. On December 29, 2023—the last Friday before the new year—the Oregon Supreme Court issued its much-anticipated decision in Moody v. Oregon Community Credit Union,...more

J.S. Held

Severe Convective Storms and Associated Insurance Weather Risks

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Severe convective storms (SCSs) occur during all seasons in the United States. According to Aon, severe convective storms have accounted for 70% of global insurance losses in recent years, and there continues to be a rise in...more

Steptoe & Johnson PLLC

Fourth Circuit Reaffirms Necessary Prerequisites for Claiming Hayseeds Damages and Offers Guidance on Admissibility of Experts

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On June 5, the United States Circuit Court of Appeals for the Fourth Circuit issued an unpublished opinion that provides a blueprint to insurance companies for handling bad faith claims. The Fourth Circuit held in Sellman v....more

J.S. Held

Ports & Terminals: Potential Claims & Other Impacts Resulting from the Francis Scott Key Bridge Collapse

J.S. Held on

J.S. Held previously published articles on how to handle complex ports and terminals business interruption insurance claims, marine and cargo damages, and marine stock claims. These topics have again come to the forefront of...more

Chartwell Law

Florida Court Rules Insurance Policy Deductible to Apply Post Verdict and Off-Set Damages

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On March 27, 2024, the Florida Fourth District Court of Appeals issued an opinion in Citizens Property Insurance Corporation v. Marie Avril and Clifford Romain holding that “the trial court should have applied a $2,900...more

J.S. Held

Forensic Laboratory Analysis and Roof Evaluations

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The roofing industry in the United States is prominent, with an estimated market size of over $25 billion annually, which covers various segments such as residential, commercial, and industrial roofing. Owing to its core...more

Ward and Smith, P.A.

Is Premises Liability the Same as Negligence?

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In today's world, we travel all the time. We shop at grocery stores and department stores, we take walks on the sidewalks in our neighborhoods, and we go to large events, such as concerts or weddings, at various venues. But...more

Rivkin Radler LLP

Insurance Update - March 2024

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We begin with three state supreme court decisions answering these questions: • A year before an insured bought its claims-made policy it received an attorney’s letter threatening mass tort litigation. The first suits were...more

Wiley Rein LLP

Delaware’s Supreme Court Addresses What Constitutes a “Claim for Damages”

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The Supreme Court of Delaware has held that a letter received by an insured from an attorney purporting to represent unidentified plaintiffs and forecasting future litigation did not constitute a “claim for damages” under a...more

Rodemer Kane Attorneys at Law

Understanding Colorado Law Regarding Total Loss Vehicles

Colorado, like many states, has specific laws and regulations in place when it comes to determining a vehicle's total loss status. When your car sustains significant damage, whether due to an accident, natural disaster, or...more

Rivkin Radler LLP

COVID Biz Interruption Coverage Denied by NY Court of Appeals

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On February 15, 2024, the New York Court of Appeals unanimously upheld the Appellate Division, First Department decision affirming dismissal of restaurant operator Consolidated Restaurant Operations, Inc.’s (CRO) complaint...more

Hall Benefits Law

United Behavioral Health Files Cert Petition Over Mental Health Coverage Loss

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United Behavioral Health (UBH) and the Alcatel-Lucent Medical Expense Plan, an employee health plan now owned by Nokia, have filed a petition for a writ of certiorari before the U.S. Supreme Court. They are seeking to...more

Carlton Fields

Court Holds Federal Law Governs FAA Arbitration Dispute Related to Surplus Lines Insurance Contract, Compels Arbitration Under...

Carlton Fields on

Harbor Homeowner’s Association Inc. sued its insurers in Louisiana state court seeking to recover damages allegedly caused by the insurers’ failure to pay claims related to Hurricane Ida. The insurers removed to federal...more

Rivkin Radler LLP

NY Court of Appeals Hears Oral Argument on COVID-19 Business Interruption Case

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On January 10, the New York Court of Appeals heard oral arguments on a COVID-19 coverage appeal by a restaurant operator, Consolidated Restaurant Operations, Inc. (CRO), which posed issues of first impression. Courts...more

J.S. Held

The Financial Toll of Unforeseen Weather Events

J.S. Held on

Escalating Impacts of Catastrophic Weather - Large insurance losses are increasingly being caused by hazardous weather events such as hurricanes, floods, lightning strikes, high winds, large hail, and wildfires....more

Searcy Denney Scarola Barnhart & Shipley

The Different Types of Injuries Resulting from Car Accidents in Florida

Car accidents occur in varying degrees of severity. This is one of the reasons why there are many types of injuries that can stem from a wreck. Understanding the types of injuries that can occur, as well as how a victim’s...more

Searcy Denney Scarola Barnhart & Shipley

Identifying the Defendants in a Florida Truck Accident Case

Trucking accidents can have a devastating impact on the victim’s life. This is, in part, due to the fact that passenger cars are no match for an oncoming semi. While such accidents often result in greater injuries than a...more

Kohrman Jackson & Krantz LLP

Coverage Challenges in Ransomware Claims: Cyber Insurance Policies and Trends in Denials

A consistent pattern emerges in data breach and cyber-attack cases when companies turn to their insurers for coverage after such incidents. Whether they possess specialized cyber insurance or not, insurers often decline...more

Conn Kavanaugh

Lessons Learned from Amber Heard and Bill Cosby: Homeowners Coverage for Defamation Claims

Conn Kavanaugh on

We all love to focus on the extravagant lives of celebrities, but how about the mundane aspects of their lives, like insurance? It might surprise you that many well-known people have used their homeowners insurance policies...more

Wiley Rein LLP

Utah Federal Court Holds That Malpractice Claim “Resulting From” Sanctions on Insured Law Firm Seeks “Damages”

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A Utah federal district court, applying Utah law, has held that a malpractice action “resulting from” or “incident to” a court’s decision to assess sanctions on an insured law firm for its violation of a discovery rule...more

Searcy Denney Scarola Barnhart & Shipley

The Importance of Medical Documentation in a Personal Injury Claim in Florida

One of the most important aspects of any personal claim is establishing the extent of your damages. Proving your damages is crucial due to the fact that, contrary to what some believe, a jury does not simply pull a number out...more

J.S. Held

How to Handle Complex Ports and Terminals Business Interruption Insurance Claims

J.S. Held on

Ports and terminals serve as the primary infrastructure for movement of goods and commodities in and out of a country and therefore play a vital role in global trade. As well as facilitating trade, ports and terminals also...more

Faegre Drinker Biddle & Reath LLP

Tort Reform Comes to Florida

On Friday, March 24, 2023, Gov. Ron DeSantis signed into law HB 837: Civil Remedies, bringing sweeping tort reform in the state of Florida. In a statement, the governor said, “Florida has been considered a judicial hellhole...more

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