News & Analysis as of

Homeowner's Insurance Proof of Loss

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

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

Cozen O'Connor

Florida Appeals Court Reverses Appraisal Ordered In Storm Suit

Cozen O'Connor on

On July 20, 2022, Florida’s Third District Court of Appeal reversed and remanded a trial court’s decision compelling the parties to proceed with appraisal and staying litigation until that appraisal was completed. Florida’s...more

Pillsbury Winthrop Shaw Pittman LLP

Understanding Business Interruption Insurance and Wide-Impact Catastrophes

In the wake of Hurricanes Harvey and Irma, policyholders can expect insurers to put forward strong objections to some of the most consequential claims asserted by insureds. - Takeaways - In construing policy language...more

Carlton Fields

Oregon Supreme Court Revives Century-Old Statute to Award Attorney’s Fees to Policyholder

Carlton Fields on

The general rule regarding a party’s responsibility for legal fees in U.S. courts, known as the “American Rule,” provides that, barring a contrary contractual obligation or statute, each party is responsible for its own legal...more

Cozen O'Connor

Failure to File a Proof of Loss is Fatal, and the Defense Does Not Require a Showing of Prejudice

Cozen O'Connor on

On June 3, Connecticut’s intermediate level appellate court held that the failure of a policyholder to file a sworn statement in proof of loss was fatal to his claim....more

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