News & Analysis as of

Deductibles 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

Winstead PC

[Webinar] Navigating Stormy Waters: Understanding Condominium Insurance and Named Storm Deductibles - August 22nd, 2:30 pm CT

Winstead PC on

Join Winstead PC and Alliant Insurance for an informative webinar on Texas property insurance for condominiums. We'll dive into the essentials of Condominium Insurance and Named Storm Deductibles. Learn what actions to take...more

Marshall Dennehey

Court Rules the More Reasonable Interpretation of the Term “Hurricane Occurrence” is the Loss Had to Have Been Caused by the...

Marshall Dennehey on

Florida Farm Bureau General Insurance Company v. Richard and Nancy Jones; Florida 5th DCA, 5D23-0376 - Florida Farm Bureau General Insurance Company (Farm Bureau) appealed an order granting summary judgment in favor of the...more

Morris, Manning & Martin, LLP

The Importance of Standards of Review: A Tornado Is Not a “Windstorm”

A recent Texas case shows the importance of providing clear and unambiguous policy language. In Mankoff v. PURE, the insureds negated an otherwise applicable deductible by successfully arguing that the term “windstorm” was...more

Cozen O'Connor

Court Finds Policy Term, “Windstorm,” to be Ambiguous in Coverage Dispute Involving Tornado

Cozen O'Connor on

In Mankoff v. Privilege Underwriters Reciprocal Exchange (2024 WL 322297 (Tex. App.—Dallas Jan. 29, 2024)), the Court determined that the term “windstorm” was ambiguous as utilized in the subject insurance policy....more

Woodruff Sawyer

Large Deductibles on Property Loss Claims: Understand Your Policy

Woodruff Sawyer on

The property insurance market continues to harden in response to more frequent and severe catastrophes. Not surprisingly, insurance carriers have responded to the new normal of more intense storm seasons and increased...more

Hinshaw & Culbertson LLP

Hinshaw Insurance Law TV: Recent Changes in Florida Property Insurance Law and How They Will Affect First Party Insurance

Scott Seaman—Chicago-based partner and co-chair of Hinshaw's Global Insurance Services Practice Group—hosts Miami-based Hinshaw partner Daniel Shatz in a discussion about new Florida legislation, which aims to address the...more

Butler Weihmuller Katz Craig LLP

Defining Occurrence – When Policy Definitions Do Not Apply To All Coverages

On September 8, 2020 the United States Court of Appeals for the Eleventh Circuit issued its decision in Port Consolidated, Inc. v. International Insurance Company of Hannover, PLC, 2020 WL 5372281 (11th Cir 2020). The...more

Butler Weihmuller Katz Craig LLP

Made Whole Doctrine Does Not Apply To Deductibles in New Jersey

The Supreme Court of New Jersey recently held that the made whole doctrine does not apply to deductibles or self-insured retentions.  In City of Asbury Park v. Star Insurance Company, a case of first impression in New Jersey,...more

Carlton Fields

New York Appellate Court Affirms Denial of Discovery Into Other Hurricane Sandy Claims

Carlton Fields on

In Knickerbocker Village Inc. v. Lexington Insurance Co., New York’s Appellate Division, First Judicial Department, dictated a clear rule for single-insured cases regarding the discovery of an insurer’s treatment of insurance...more

Rumberger | Kirk

Florida's 5th DCA Allows Carrier to Compel Appraisal When Covered Loss Is Under Deductible

Rumberger | Kirk on

No payment? No problem ruled Florida’s 5th District Court of Appeal a few weeks ago in a homeowner’s insurance case where the carrier found partial coverage for the alleged loss, but did not issue payment because the amount...more

Cozen O'Connor

New Texas Laws Take Aim at Common Practice in Storm-Related Repairs

Cozen O'Connor on

Texas policyholders can no longer cut deals with storm repair contractors to pocket their deductibles for storm repairs.  The Texas Legislature has amended the Texas Insurance Code and Texas Business & Commerce Code,...more

Carlton Fields

Appraise Away Says Florida’s Fifth DCA

Carlton Fields on

Many homeowners insurance policies allow the insurer or the insured to invoke appraisal to resolve disagreements about the amount of the loss. Nonetheless, when one party invokes appraisal, the other party will sometimes...more

Cozen O'Connor

Texas Federal Court Holds that Named Storm Deductible Applies Even in the Absence of Wind Damage

Cozen O'Connor on

Judge Nancy Atlas of the Southern District of Texas cut through competing arguments to resolve a high-profile dispute involving a Hurricane Harvey claim through Contract Interpretation 101....more

Bradley Arant Boult Cummings LLP

Trigger for Hurricane and Named Storm Deductibles

Recent damage from Hurricanes Harvey, Irma, and Maria have focused attention on special “named storm” and “hurricane” deductible endorsements found in most property insurance policies issued for coastal areas. Such...more

Zelle  LLP

Texas Hail Claims: Dealing With Multiple Disasters at Once

Zelle LLP on

As reported in the national news, North Texas recently experienced multiple significant hail storms. This article will address some of the issues associated with insurance claims arising from multiple hail events over a short...more

16 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide