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Quarles & Brady LLP

2024 Wisconsin Insurance Case Law Update

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Every year, Quarles & Brady LLP's Insurance Recovery Team compiles a list of important decisions by Wisconsin state and federal courts addressing insurance issues. Our goal is to keep you informed of developments and help you...more

Cozen O'Connor

Jackson v. Spinnaker: Court Rules a Thorough Investigation is Just Good Business, Not Bad Faith

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In Jackson v. Spinnaker Insurance Company, the United States District Court for the Western District of Pennsylvania considered a homeowners insurance coverage dispute, ultimately finding that questions of residency and...more

Marshall Dennehey

The Sixth District Court of Appeals Rules in Favor of the Insurance Carrier, Finding That Ensuing Water Damage is Not Covered...

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State Farm Florida Ins. Co. v. Feltes, Fla. 6th DCA, No. 6D2023-0991, November 27, 2024 - This case arose out of the policyholder’s ongoing plumbing issues in her home. The insured property was built in the early 1960s, and...more

Marshall Dennehey

Florida’s Third District Court of Appeal Reverses Five Interlocutory Orders in Favor of the Appellees, Leading to a Reversal of...

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Citizens Property Insurance Corporation v. Ramon Arias, et al., Fla. 3d DCA, No. 3D23-0895, December 4, 2024 - Citizens Property Insurance Corporation appealed a May 2, 2023, final judgment entered in favor of Ramon and...more

Zelle  LLP

Is Your War Exclusion Fit for Purpose?

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As global threats evolve, so does the question of what constitutes a ‘war’ risk under a standard property insurance policy, and how this might impact coverage. Historically, a war was a physical conflict between two or...more

Sheppard Mullin Richter & Hampton LLP

An Insurer is not Vicariously Liable for Actions by an Agent That Are Outside the Scope of the Agency Relationship and Were...

In December 2020, Plaintiff Erin Hughes applied for homeowners coverage for her Malibu home with her Farmers’ insurance agent. Hughes obtained a fire policy through the California FAIR Plan and a homeowners policy through...more

Marshall Dennehey

Fourth District Court of Appeal Reversed and Remanded a Final Judgment in Favor of the Insureds Where Prompt Notice Was Not...

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Security First Insurance Company v. Linda Visca and Silvio Visca, No. 4D2023-0961, June 5, 2024 - On February 20, 2020, the defendant was notified of the plaintiffs’ September 10, 2017, Hurricane Irma claim. The policy stated...more

Cozen O'Connor

Split Decision: Florida Districts Clash Over Insurance Coverage for Unperformed Repairs

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In the recent decision Universal Property & Casualty Insurance Co. v. Qureshi, the Florida Fourth District Court of Appeal held that homeowners cannot recover replacement cost benefits unless they have incurred expenses for...more

Alston & Bird

Insurance Insights for the Dog Days of August

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Welcome to the inaugural issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, the California Supreme Court covers COVID-19 claims, Georgia...more

Rivkin Radler LLP

New York Insurance Coverage Law Update — Compilation 2023

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The owners hired a general contractor (GC) insured by Amerisure to build a movie theatre, and the GC hired a masonry subcontractor (Sub) insured by Selective under a primary and umbrella policy...more

Quarles & Brady LLP

2022 Wisconsin Insurance Case Law Year in Review

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Every year, Quarles & Brady LLP's Insurance Recovery Team compiles a list of important decisions by Wisconsin state and federal courts addressing insurance issues. Our goal is to keep you informed of developments and help you...more

Butler Weihmuller Katz Craig LLP

Litigating Tile Roof Claims

Hurricane Irma’s landfall in Florida produced an avalanche of property insurance claims throughout the state, the majority of which involved reported damage to roofs.  Though many of these claims were legitimate, enterprising...more

Haight Brown & Bonesteel LLP

Physical Alteration of Insured Property not Required for Coverage Under a Communicable Disease Coverage Extension

Physical Alteration of Insured Property is not Required for Coverage Under a Communicable Disease Coverage Extension Where “Direct Physical Loss or Damage” Under the Terms of the Insurance Policy Includes Costs Incurred by an...more

Farella Braun + Martel LLP

Caught in the Crossfire — How will the war exclusion affect commercial policyholders?

The war exclusion has received a lot of attention over the past year, particularly since Russia invaded Ukraine in February. Policyholders’ concern that insurers will assert the exclusion as a basis to deny coverage is...more

Butler Weihmuller Katz Craig LLP

Fifth Circuit Seeks Guidance From The Texas Supreme Court On When The Concurrent Cause Doctrine Applies

Hail damage is so typical in Texas that Chapter 542A of the Texas Insurance Code is known as the “Hail Bill.” Texas follows the concurrent cause doctrine. As the Texas Supreme Court held in Lyons v. Millers Casualty...more

Cozen O'Connor

Tenth Circuit Rules Against Insurer and Decides That Appraisers Can Decide Causation

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In the continuing saga of what can and cannot be appraised in a property insurance appraisal, the Tenth Circuit, in contrast to many other courts, has ruled appraisers can determine coverage issues....more

Cozen O'Connor

Court in Montana Applies Anti-Concurrent Causation Clause to Earth Movement Exclusion

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A district court in Montana recently applied an anti-concurrent clause in a property insurance policy to preclude coverage based on an earth movement exclusion. In Ward v. Safeco Ins. Co. of Amer., No. 1:19-CV-0133-SPW, 2021...more

Cozen O'Connor

When Better Late Than Never Isn’t Good Enough: Florida Federal Court Grants Summary Judgment For Insurer In Late-Reported...

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On September 27, 2021, Judge Jose Martinez of the U.S. District Court for the Southern District of Florida granted summary judgment in favor of Scottsdale Insurance Company in LMP Holdings Inc. v. Scottsdale Ins. Co., case...more

Cozen O'Connor

Louisiana Federal Court Upholds Applicability of Anti-Concurrent Causation Exclusion for Hurricane Damage

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In a timely reaffirmation of the Fifth Circuit’s 2007 ruling in Leonard v. Nationwide Mut. Ins. Co., a Louisiana federal court recently upheld the application of an insurance policy’s Anti-Concurrent Causation Clause (“ACC”)...more

Chartwell Law

Plaintiff Maintains Initial Burden of Proof to Establish Causation in Hurricane Irma Claims

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Florida Statute §627.70132 allows an insured to make a claim for an alleged hurricane loss within three years of the event. This statute, however, is not a waiver of the insured’s initial burden of proof to establish...more

Burr & Forman

Florida’s Second District Court of Appeals Adopts a Dual-Track Approach For the Appraisal of Property Insurance Claims

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When an owner seeks the appraisal of a property insurance claim, insurers commonly object by demanding that the trial court must first rule on defenses to coverage before allowing appraisal panel to value the total claim...more

Gould + Ratner LLP

Policyholders See New Developments in COVID-19 Case Law

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Insurers across the nation continue to file motions to dismiss COVID-19 cases brought by policyholders on three primary grounds: 1. there is no” physical loss or damage” to the covered property, 2. there is no “prohibition...more

Butler Weihmuller Katz Craig LLP

Heads I win, Tails You Lose: Southern Owners Insurance Company v. MAC Contractors

On July 29, 2020, the Eleventh Circuit Court of Appeals issued its opinion in Southern Owners Ins. Co. v. MAC Contractors, of Fla., LLC, --- Fed. Appx. ---, 2020 WL 4345199 (11th Cir. July 29, 2020).  While claiming to follow...more

Lathrop GPM

Missouri Federal Court Opens Door to COVID-19 Business Interruption Claims

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On August 12, 2020, U.S. District Court Judge Stephen Bough for the Western District of Missouri ruled that the plaintiff insureds may pursue claims for business income losses due to COVID-19 under standard property and...more

Burr & Forman

White Paper: Commercial Property Insurance Claims in Response to COVID-19

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Nearly every business and not-for-profit in the country has been impacted by the ongoing COVID-19 pandemic. Demand for goods and services has dropped precipitously due to stay-at-home orders, public health recommendations,...more

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