News & Analysis as of

First-Party Coverage Insurance Claims

Cozen O'Connor

Claims Notes: June 2024

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The Florida Supreme Court ruled that PIP (Personal Injury Protection) insurers may pay 80% of a charge submitted by a provider, even when that reimbursement amount is less than the amount that would be reimbursable under the...more

Cozen O'Connor

Claims Notes: May 2024

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The steel contractor named the general contractor an additional insured on its CGL policy. The steel contractor's welds were defective. The general contractor retrofitted the named insured's defective columns before they...more

Goldberg Segalla

[Webinar] The Fungus Among Us: Proactive Strategies for Adjustment of Mold-Related Claims - March 28th, 12:00 pm - 1:00 pm EDT

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In this webinar, Goldberg Segalla’s Larry D. Mason and Kerry L. Jones will explore the primary fungi that serve as the foundation for most mold-related claims, common health problems associated with insured’s and third-party...more

DRI

[Event] Insurance Coverage and Practice Symposium - November 29th - December 1st, New York, NY

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DRI's Insurance Coverage and Practice Symposium is the flagship educational and networking program for insurance executives, claims professionals, and outside counsel who specialize in insurance coverage. This year's...more

Butler Weihmuller Katz Craig LLP

Can I Knock the Opposing Expert Out? Understanding How Florida Courts Allow or Prevent Proposed Experts

Experts are key witnesses in any case.  They have the ability to testify about things that are usually beyond the scientific or technical understanding of the average person.  If the expert is good at conveying that sort of...more

Butler Weihmuller Katz Craig LLP

Words matter: a series of leaks constitutes a single occurrence under particular policy language

In a recent decision from the United States District Court for the Middle District of Florida, Tampa Division, styled KT State & Lemon, LLP et al. v. Westchester Fire Ins. Co. et al., the Court granted summary judgment to the...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

Chartwell Law

The New Jersey Insurance Fair Conduct Act: Thoughts on How Recent Cases Interpret and Define the Contours of the Act

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The $1.88 million jury verdict in a New Jersey underinsured motorist (“UIM”) claim, Kelley v. Massachusetts Bay Insurance Company, No. 19-cv-19037 (D. N.J. May 13, 2022) drew headlines in legal and insurance media recently....more

Cozen O'Connor

New York Court Holds Coverage for Excavation Damage Precluded by Earth Movement Exclusion

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According to a recent ruling by a New York appellate court, coverage for excavation damage is precluded by the policy’s earth movement exclusion. In 3502 Partners LLC v. Great American Insurance Co. of New York, Case No....more

Lowenstein Sandler LLP

Insurance Recovery After Severe Weather

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While the 2021 hurricane season is not officially over yet, catastrophic weather events including Hurricanes Ida, Henri and Nicholas have already caused substantial damage, bringing record-breaking rainfall and flooding....more

White and Williams LLP

GA Federal Court Holds That Jury, Not Judge, Generally Must Decide Whether Notice Was Given “As Soon as Practicable” Under...

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Insurance policies covering first-party property damage often require insureds to notify insurers of a loss “as soon as practicable.” Where an insured may or may not have given notice “as soon as practicable,” the issue...more

Neal, Gerber & Eisenberg LLP

NGE OnDemand: The Importance of Timely Reporting Occurrences, Claims and Suits to Insurers with Paul Walker-Bright

When disaster strikes your business or a lawsuit is filed against you in responding to the crisis, it is easy to overlook the existence of insurance that may reimburse you for the associated expenses and damages. A delay in...more

Hinshaw & Culbertson LLP

[Webinar] Webinar Series: Insurance Insights – What Insurers Need to Know in 2021 - COVID-19 Claims - April 22nd, 12:00 pm - 1:00...

Join us for Hinshaw's Webinar Series: Insurance Insights – What Insurers Need to Know in 2021. This series will feature insurance thought leaders from Hinshaw and RPC, presenting on the most pressing insurance claims topics...more

Cozen O'Connor

A Consequential Ruling: Florida Supreme Court Rejects Recovery of Consequential Damages in First-Party Breach of Contract Actions

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In first-party breach of insurance contract actions, the parties oftentimes dispute whether the policyholder may seek damages that are not explicitly provided for in the policy, with the policyholder arguing such indirect...more

Rumberger | Kirk

Florida Supreme Court Rules Extra-Contractual, Consequential Damages Are Not Recoverable in a First-Party Breach of Contract...

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On January 21, 2021, the Supreme Court of Florida issued an important decision in Citizens Property Insurance Corp. v. Manor House, LLC, et. al., SC19-1394 (Fla. 2021), disallowing an insured to recover extra-contractual,...more

Cozen O'Connor

Court’s Opinion Provides Guidance on Protecting a Claims Handling Manual as a Trade Secret

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In Chavez v. Std. Ins. Co., 2020 U.S. Dist. LEXIS 203610 (N.D. Tex. Oct. 30, 2020), Judge David C. Godbey considered a variation on a common scenario that arises in first party cases.  Typically, the insured/plaintiff wants...more

Cozen O'Connor

North Carolina Court Finds Coverage for Restaurants’ COVID-19 Business Income Losses

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A trial level court in North Carolina recently found coverage under first-party property insurance policies for the insured restaurants’ COVID-19-related business income losses.  In North State Deli, LLC et al. v. Cincinnati...more

Butler Weihmuller Katz Craig LLP

Subro Sense - The ABC's of RCV and ACV

Oftentimes, third-party liability adjusters will refuse to pay the full amount of the “Repair Cost Value” (“RCV”) of the damages included in the subrogation demand, and contend that they only owe “Actual Cash Value” (“ACV”),...more

Butler Weihmuller Katz Craig LLP

To Wait or to Mediate?

A “Q&A” ON VIRTUAL MEDIATIONS IN FIRST-PARTY PROPERTY LAWSUITS - Q: Why is mediation used so frequently in insurance lawsuits?  A: Mediation has always played a large role in resolving first-party property claims. ...more

Butler Weihmuller Katz Craig LLP

Pretzel Logic: Cheetham V. Southern Oak And Its Ill-Begotten Progeny

The standard ISO homeowners insurance policy contains an exclusion for damage caused by water which backs up through sewers or drains.  While this appears to be an unambiguous exclusion, using twisted logic, the Third...more

Butler Weihmuller Katz Craig LLP

Butler's Thursday Tips #8 | Importance of a Mediator

Join attorney Shaheen Nouri as he gives three helpful tips on successful mediation for First-Party claims....more

Pillsbury - Policyholder Pulse blog

A Primer on Bringing First-Party Insurance Claims

The profound impact of COVID-19 leading businesses to file first-party insurance claims is now well known. Further, insurance companies are systematically pushing back on potential coverage for COVID-19, with some issuing...more

Rumberger | Kirk

Impact of Florida’s New Assignment of Benefits Law: HB 7065

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On April 26, 2019, Florida Governor Ron DeSantis signed into law Florida House Bill 7065. The law, which took effect on July 1, 2019, was designed to reduce the amount of assignment of benefits (“AOB”) agreements that could...more

Butler Weihmuller Katz Craig LLP

North Carolina's Latest Appraisal Ruling Precludes Appraisal If Any Damages Dispute Exists

In the last 60 days, COVID-19 has affected us all. Federal and state governments have issued quarantine orders. Schools have been closed. And many businesses have been adversely affected....more

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