News & Analysis as of

First-Party Coverage Property Insurance

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

DRI on

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

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

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

Chartwell Law

Florida First-Party Property Case Law Signals That Insurance Carriers Need Only Request an Examination Under Oath Via Mail

Chartwell Law on

Failing or refusing to respond to a written request for an Examination Under Oath (“EUO”) can result in a complete bar to recovery in a first-party property insurance claim....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

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

The Evolving Limitations on Appraisers in Florida: Analyzing State Farm Florida Ins. Co. v. Sanders

Appraisers are frequently involved in Florida property claims. Accordingly, Florida courts continue to refine the roles and limitations with respect to appraisers and the appraisal process as a whole. ...more

Butler Weihmuller Katz Craig LLP

What Baseball Has Taught Me About The Insurance Appraisal Process

Anyone who has ever watched baseball knows that umpires sometimes make an incorrect call. In appraisal of a property insurance claim, sometimes the umpire can make a mistake as well....more

Butler Weihmuller Katz Craig LLP

Full Consent to Assignments

Because there can be more than one individual or entity that holds an interest in property, a property insurance policy is generally drafted in such a way to identify and protect all the individuals or entities who have an...more

Zelle  LLP

Foiling the Expert Battle in First-Party Property Cases

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Every litigator knows the term “battle of the experts.” This is commonly heard in first-party property cases. Usually the term suggests uncertainty, i.e. that the jury will hear both sides’ experts and simply pick one. But...more

K&L Gates LLP

K&L Gates Triage: Emergency Preparedness and Response in Long Term Care - Part II

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This is the second episode in a three-part series on emergency preparedness and response in long-term care. Since natural disasters can result in monumental expenses for rebuilding facilities, it is important to understand...more

Zelle  LLP

Symptoms of the Texas Progressive Claim Syndrome

Zelle LLP on

Those familiar with the issues faced by insurers in Texas first-party insurance claims, particularly in the realm of hail damage claims, are undoubtedly aware of what has been labeled the "Progressive Claim Syndrome.” In a...more

Carlton Fields

Florida Federal Court Limits First Party Bad Faith Claims

Carlton Fields on

First party bad faith actions in Florida must be pursued under §624.155 Florida Statutes because Florida does not recognize common law first party claims. The statute provides that an insured may bring a civil action against...more

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