What is an Appraisal?
In the early hours of Wednesday, April 30, 2025, a devastating house fire in Trenton, New Jersey, left five people injured and caused nearby evacuations after loud explosions were heard from the scene. The fire and subsequent...more
Memorial Day is approaching and, with it, the unofficial start of summer. Many minds turn to thoughts of cookouts, inviting friends over to swim in backyard pools, and evenings spent playing basketball games on driveways....more
In Gharibian et al., v. Wawanesa General Insurance Company, the California Second District Court of Appeal found that, under California law, the insureds failed to prove smoke, soot, ash and fire debris on covered property...more
Holding Insurance Companies Accountable, LLC v. Leonard Caruso v. American Integrity Insurance Company of Florida, Fla. 5th DCA, No. 5D2023-2810, January 3, 2025 - The homeowner reported roof damage to his homeowners...more
The recent fires in California had a devastating impact on various communities, with many homeowners losing or facing severe damage to their properties. As residents begin the challenging process of recovery, understanding...more
Welcome to the latest issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, fires alter the landscape of California insurance, an expert’s...more
To say that California has been hard-hit by wildfires would be a gross understatement. California, the most populous U.S. state and the third largest by area and home to iconic landmarks, such as the Golden Gate Bridge,...more
Coming on the heels of what are projected to be the costliest wildfires in California history, a new decision from the California Second District Court of Appeals could make it more difficult to obtain insurance coverage for...more
The Second Appellate District of the California Court of Appeal recently affirmed a lower court ruling that wildfire debris on an insured’s property did not qualify as “direct physical loss” within the meaning of a homeowners...more
In a rainy season, it's important to understand your flood risk. For insurance purposes, what is a flood? What proactive steps can be taken before a flood? How can you obtain the right insurance coverage?...more
California’s beauty is undeniable, but its vulnerability to wildfires is a harsh reality. If you’re a homeowner in the Golden State, the aftermath of a wildfire can be devastating, both personally and financially. Navigating...more
The devastating wildfires that have rapidly spread across Los Angeles this month underscore the need for businesses and homeowners to be prepared to make insurance claims when natural disasters strike. This LawFlash details...more
Our hearts are with all of the fire victims in this devastating time. This advice is not new, but it bears re-circulating due to the current crisis: Maximizing Homeowner Insurance Coverage Benefits After a Fire....more
Our thoughts and prayers are with those who have suffered losses due to the recent Los Angeles wildfires. Below we offer some guidance to those affected by these devastating fires to pursue and preserve their rights to...more
As of January 13, Southern California’s ongoing wildfires have reportedly destroyed more than 12,000 structures. Insured loss estimates exceed $25 billion, and the strong Santa Ana winds fanning the blazes are expected to...more
Policyholders affected by the devastating fires should take certain immediate steps to maximize potential recovery. The Los Angeles County wildfires that began on January 7, 2025, and continue to ravage the communities of...more
In a case of first impression in Massachusetts, Lessard v. R.C. Havens & Sons, Inc., 104 Mass. App. Ct. 572 (2024), the Appellate Court confirmed that construction defects, without more, do not constitute property damage...more
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
Property Insurance/Replacement Cost - Homeowners Did Not Substantially Meet Policy’s Condition Precedent to Recover Replacement Cost Value - Insurer Did Not Waive Conditions - Henderson v. State Farm Fire and...more
The Situation: On September 26, 2024, Hurricane Helene made landfall and left a path of destruction from the Florida coast through North Carolina, with total insured losses estimated in the tens of billions of dollars....more
Citizens Prop. Ins. Corp. v. Barberan, Fla. 2nd DCA, 2D22-2744, Apr. 3, 2024 - In April, the Second District Court of Appeal affirmed the lower court’s ruling that a statutory change, which added a definition for the term...more
On May 29, 2024, Governor DeSantis signed HB 293 (2024), which amends Fla. Stat. Sec. 720.3035 as follows...more
The roofing industry in the United States is prominent, with an estimated market size of over $25 billion annually, which covers various segments such as residential, commercial, and industrial roofing. Owing to its core...more
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
In Rodriguez v. Safeco Ins. Co. of Ind. the Texas Supreme Court addressed a key issue concerning appraisal that was dividing lower Texas state courts and Texas federal district courts. The United States Court of Appeal for...more