News & Analysis as of

Homeowner's Insurance

Marshall Dennehey

Where a Windstorm Loss Occurs During a “Hurricane Occurrence,” the Loss Must Bear at Least Some Causal Nexus With the Hurricane...

Marshall Dennehey on

Florida Farm Bureau General Insurance Company v. Linda Williams, 5D23-0183 (Fla. 5th DCA, Apr. 9, 2024) - In this case, Florida’s Fifth District Court of Appeals addresses proper application of a hurricane deductible. The...more

Marshall Dennehey

Florida Statute § 627.70152 Applies to All Insurance Policies, Regardless of the Date of the Policy’s Inception

Marshall Dennehey on

Sanchez v. Security First Insurance Co., No. 3D22-1109 (Fla. 3d DCA Mar. 6, 2024) - In March, the Third District Court of Appeals affirmed dismissal of a complaint for its failure to comply with Florida Statute § 627.70152....more

Butler Weihmuller Katz Craig LLP

New Florida Case Affects Presentable Damages in Homeowner’s Insurance Cases

A new Florida appellate decision may dramatically affect recovery in homeowner property insurance lawsuits.   In Universal Property & Casualty Insurance Company v. Qureshi, No. 4D2023-1338 (Fla. 4th DCA, July 24, 2024), a...more

Cozen O'Connor

Louisiana Court Finds That an Insured Breached its Duty to Cooperate

Cozen O'Connor on

The recent decision of Marcantel v. State Farm Fire, No. 2:22-CV-01511, 2024 U.S. Dist. LEXIS 111077 (W.D. La. June 24, 2024) offers valuable lessons for policyholders regarding the importance of cooperation in the insurance...more

Maison Law

Liability in Vacation Rental Injuries in California

Maison Law on

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

Presley & Presley

No Direct Interest, No Intervention

Presley & Presley on

Over the past five plus years, the Missouri legislature has continued to grant insurer’s new rights and protections. This includes requirements for time-limited demands, interpleader protections and the ability to intervene...more

Adams and Reese LLP

New Legislation Takes Aim at Fixing Louisiana’s “Insurance Crisis”

Adams and Reese LLP on

Affordability and availability of homeowners insurance in Louisiana was top of mind for lawmakers in the 2024 regular legislative session, and several bills have crossed the finish line, recently signed into law by Gov. Jeff...more

Troutman Pepper

California AG Supports Unfair Competition Claims Against Insurance Company

Troutman Pepper on

On April 11, California Attorney General (AG) Rob Bonta filed an amicus brief before the Supreme Court of the State of California arguing that policyholders should be able to assert claims under the state’s Unfair Competition...more

Marshall Dennehey

Third District’s Decision Confirms that the Future of Florida’s Pre-Suit Notice Requirement Remains Uncertain

Marshall Dennehey on

The Third District Court of Appeals of Florida is the latest to join the growing number of Florida appellate courts that have ruled that the pre-suit notice provision of section 627.70152 is procedural in nature and, as such,...more

Flaster Greenberg PC

How Does Art Insurance Compare to Home Insurance?

Flaster Greenberg PC on

Many private collectors think that they don’t need an additional fine art insurance policy because they assume that their homeowner’s insurance policy will cover damage to their fine art. This is a critical error,...more

Goodwin

California Insurance Reform Creates Opportunity

Goodwin on

As wildfires continue to grow in frequency and scale across California, and as the state’s homeowner’s insurance crisis continues to worsen, the California Department of Insurance (DOI) has issued a proposed regulation that,...more

Cozen O'Connor

What’s in a Name (Insured)? Pennsylvania Federal Court Holds Homeowners’ Insurance Policy’s Requirement to Submit to Examination...

Cozen O'Connor on

A federal court recently held that an insurer could not deny coverage under a homeowner’s policy based upon the failure of the named insured’s son, an “insured person,” to submit to an examination under oath (“EUO”). In...more

Carlton Fields

New Jersey Court Holds Primary Home Insurer Must Cover Dog Bite Injury at Insured’s Second Home

Carlton Fields on

In Berardi v. FMI Insurance Co., a panel of New Jersey’s Superior Court, Appellate Decision, affirmed a lower court’s ruling, which ordered a primary home insurer to defend its insured in a dog bite lawsuit, stemming from...more

Carlton Fields

Tenth Circuit Upholds Clear and Unambiguous ATV Exclusion in Homeowners Policy

Carlton Fields on

The Tenth Circuit Court of Appeals declared that an insurer’s homeowners policy all-terrain vehicle exclusion barred coverage for a Utah insured’s injuries that did not occur at the “insured location.”...more

Fox Rothschild LLP

Could the Crumley Verdict Affect Gun Control in the U.S.?

Fox Rothschild LLP on

We wrote the other day about the trial of a Michigan mother charged with involuntary manslaughter for not taking steps to prevent her son from acquiring a gun and taking it to his school where he killed four people. Yesterday...more

Bradley Arant Boult Cummings LLP

Certified Conflict on Carrier’s Burden to Show Prejudice Caused by Late Notice of Claim in Florida

It is long-standing law in Florida (and elsewhere) that an insurer can deny a claim when it was prejudiced by a policyholder’s failure to provide timely notice. However, there has been some debate in recent years about whose...more

Carlton Fields

California Court Holds Intentional Acts Exclusion Bars Coverage for Shooting Claim Even Though Shooter Believed Gun Unloaded

Carlton Fields on

In Helguera v. Mid-Century Insurance Co., California’s Fourth District Court of Appeal held that an intentional acts exclusion in the liability coverage part of a homeowners insurance policy issued by Mid-Century Insurance...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - November 2023

Rivkin Radler LLP on

New York’s Highest Court Holds That Portion Of Premium Need Not Be Refunded For Death During Policy Period Of Universal Life Policy- The Joan C. Lupe Family Trust purchased a policy under which Lincoln Life and Annuity...more

Cozen O'Connor

There’s No Place Like Home! Kansas Federal Court Holds Homeowner’s Policy Coverage Requires Policyholder to Physically Reside at...

Cozen O'Connor on

A federal court recently held that an insurer may deny coverage under a homeowner’s policy for a “residence premises” when the insured never actually lived at the premises. In Sina Davani v. Travelers Personal Insurance...more

Eversheds Sutherland (US) LLP

Federal Insurance Office announces plans for “first of its kind” climate data call on homeowners’ insurance

On November 1, 2023 the Department of the Treasury’s Federal Insurance Office (FIO) formally submitted a request to proceed with a climate-related financial risk data collection for homeowners’ multi-peril underwriting data...more

Marshall Dennehey

Grappling With the Wear and Tear Exclusions of Homeowners’ Policies

Marshall Dennehey on

Chabad of Key Biscayne, Inc. v. Scottsdale Ins. Co., No. 22-13603 (11th Cir. 2023) - Chabad filed a claim for water damage after a drain or sewer pipe broke. The insurer denied the claim under the general water damage...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - September 27, 2023

Rivkin Radler LLP on

Eastern District Finds That Insurer’s Delay In Disclaiming After Insured Gave Notice Of Occurrence Precluded Insurer’s Reliance Upon Exclusions Two employees of Extreme Residential Corp. were involved in a construction...more

Ballard Spahr LLP

Court Rules in Favor of HUD in Disparate Impact Rule Case

Ballard Spahr LLP on

More than ten years after the filing of the initial complaint challenging the 2013 disparate impact rule (Rule) adopted by the U.S. Department of Housing and Urban Development (HUD) under the Fair Housing Act (Act), the...more

Carlton Fields

Alabama Federal Court Finds No Duty to Defend Lawsuit Alleging Concealment of Defects in Sale of Home

Carlton Fields on

In Nationwide Mutual Fire Insurance Co. v. Carmichael, the U.S. District Court for the Northern District of Alabama, applying Alabama law, entered summary judgment ruling that Nationwide Fire Insurance Co. had no duty to...more

Rivkin Radler LLP

Who Is Responsible for Property Damage after a Hurricane?

Rivkin Radler LLP on

Long Island is especially beautiful in late summer and early autumn. The sizzling summer heat has started to fade, the leaves on the area’s stately trees are green, and the warm water temperatures continue to attract ...more

254 Results
 / 
View per page
Page: of 11

"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