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Insurance Industry Fire Damage

White and Williams LLP

Investigating Residential Electrical Fires Part 2 – Arcing and Arc Mapping

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Matthew Ferrie, Partner, is back again to host the newest episode of the Subro Sessions podcast. Bert Davis, Principal for Romauldi, Davidson, & Associates and BDA Engineering, joins Matt for the second episode on...more

Goldberg Segalla

Recent Agent Breach of Contract Decisions of Note

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As part of Goldberg Segalla’s commitment to client-focused service and ensuring you are kept apprised of the latest rulings and trends that could impact your profession, we would like to call your attention to two recent New...more

White and Williams LLP

Wyoming Supreme Court Picks a Side After Reviewing the Sutton Rule

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In a matter of first impression, the Supreme Court of Wyoming (Supreme Court), in West American Insurance Company v. Black Dog Consulting Inc., No. S-23-0052, 2023 WY 109, 2023 Wyo. LEXIS 111, examined whether a landlord’s...more

Gould + Ratner LLP

Forecast for Insuring Commercial Solar Panel Installations: Partly Cloudy

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The United Nations recently described climate change as “the defining crisis of our time.” Further, a flagship UN report on climate change declared that the world is on a fast track to disaster because of rising carbon...more

Cozen O'Connor

Intentional Loss Exclusion Could Apply Even to Unintended Damage, Says the Tenth Circuit

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The Tenth Circuit recently held that, under Kansas law, an intentional loss exclusion precludes coverage for damage caused by an intentionally set fire even if the actual resulting damage is unintended. In Taylor et al. v. LM...more

Farella Braun + Martel LLP

Mitigating the Uncertainty of Smoke Taint in Wine Grapes

Smoke taint has dominated the worries of the California wine industry recent years. With unsettled climate conditions and continued droughts, there is no reason to think that smoke taint will not continue to be a significant...more

Farella Braun + Martel LLP

[Webinar] Fire Season Preparedness: What Wineries Should Do Now - June 23rd, 10:00 am - 11:00 am PT

California is at the start of another dry year, with increased likelihood that the North Bay will experience another active fire season. Fires are always a risk and they are always unpredictable, spread quickly, and can...more

White and Williams LLP

Homeowners Coverage for Arsonist’s Innocent Coinsured: Clarification From the MA Supreme Judicial Court

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In Aquino v. United Property & Casualty Company, the Massachusetts Supreme Judicial Court addressed the responsibilities of an insurer under a homeowners policy to an innocent insured homeowner when her fiancée — a coinsured...more

Haight Brown & Bonesteel LLP

Court Bars Fire Insurer's Subrogation Claim Against Condominium Tenant as Implied Co-Insured Under Lease and CC&Rs

In Western Heritage Ins. Co. v. Frances Todd, Inc. (No. A152428, filed 3/4/19, ord. pub. 4/2/19), a California appeals court held that a condominium association’s fire insurer was barred from suing a tenant in subrogation for...more

Fox Rothschild LLP

Guideline And Checklists For Subrogation Recovery

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About the E-book This resource serves as a guideline for understanding subrogation recovery and the insurance claims processes in specific subrogation cases. From case intake and investigation to filing a suit and...more

Butler Weihmuller Katz Craig LLP

Court Finds AIA Subrogation Waiver Inapplicable; Appeal Pending

In Liberty Mutual Fire Insurance Co. v. Fowlkes Plumbing LLC, 17-cv-010-GHD-DAS, 2018 WL 842169 (N.D. Miss. Feb. 12, 2018), the District Court for the Northern District of Mississippi held that the subrogation waiver of...more

Robinson+Cole Property Insurance Coverage...

Eastern District of New York Magistrate Recommends Denial of a Motion to Remand and Recognizes the Application of the Fraudulent...

Recently, in Mallek v. Allstate Indem. Co. No. 17-CV-5949-KAM-SJB, 2018 U.S. Dist. LEXIS 42171 (E.D.N.Y. Mar. 12, 2018) [insert link], a federal magistrate in New York recommended that the Court deny a plaintiff’s motion to...more

Lathrop GPM

California Wildfires - Insurance Recovery Checklist

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The wildfires that erupted across Northern California in the beginning of October have, according to the California Department of Insurance, damaged or destroyed more than 7,000 structures and have ravaged some of...more

Carlton Fields

Navigating Florida Property Coverage Waters After Hurricane Irma

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As the waters recede from Hurricane Irma, there are many issues for property insurers to consider as they adjust claims in Florida, including unique issues raised by assignment of benefits, Florida law on concurrent...more

Carlton Fields

Adjusting Claims in Florida Following Hurricane Irma

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As the waters recede from Hurricane Irma, property insurers have many issues to consider as they adjust claims in Florida. This alert discusses a few of those issues. Claims Reporting - The Florida Office of Insurance...more

Haight Brown & Bonesteel LLP

Repair Cost Exceeding Actual Cash Value Does Not Establish “Total Loss” Under Fire Insurance Policy

In California FAIR Plan Assn. v. Garnes (No. A143190, filed 5/26/17), a California appeals court ruled that “total loss” under Insurance Code section 2051 refers to physical damage or loss, not the economic fact that the cost...more

Robinson+Cole Property Insurance Coverage...

Innocent or Unintentional Mistake in Application is Irrelevant: NY’s Second Department Finds Rescission Appropriate and Affirms...

When an insurer finds that the insured misrepresented a material fact in an application for insurance, the insurer may rescind the policy of insurance, and take the position that no coverage exists for a claimed loss. In a...more

Cozen O'Connor

Wisconsin Supreme Court Narrowly Interprets the “Permanent Property Insurance” Condition in a Builder’s Risk Policy

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In Fontana Builders, Inc. v. Assurance Company of America, Case No. 2014AP821, 2016 WL 3526408 (Wis. Jun. 29, 2016), the Wisconsin Supreme Court addressed whether the purchase of a homeowner’s policy by the occupiers and...more

Cozen O'Connor

“Insanity Defense” Fails To Preserve Coverage For Insured’s Arson

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Missouri resident James Roller set fire to his garage in an attempt to commit suicide. When smoke and fumes surrounded him he changed his mind, fled the garage, and alerted his wife of the fire. Mrs. Roller called 911. A...more

Cozen O'Connor

Can You Burn the House Down and Still Recover From Your Homeowners Insurer? An Illinois Judge Says Yes!

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Someday the editors of this blog will have to create a “Hall of Shame” for most witheringly wrong-headed pieces of first-party property insurance jurisprudence, and a clear contender is a federal decision out of Illinois that...more

Cozen O'Connor

California Court: Appraisers Cannot be Directed to Assign Loss Values to Undamaged or Non-Existent Items in the Insured’s Scope

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It is axiomatic that the appraisers’ task is solely to determine the amount of loss, as opposed to coverage or liability. In Li-Lin Sung v. California Capital Ins. Co., 2015 WL 3797827, 2015 Cal. App. LEXIS 530 (Jun. 18,...more

Cozen O'Connor

Tennessee Court Weighs in on Whether Arson is a Species of Vandalism and Malicious Mischief

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Last month in what was a case of first impression in Tennessee, a unanimous panel of the state’s intermediate level appellate court joined those jurisdictions that have concluded that arson does not constitute a type of...more

Cozen O'Connor

Georgia Court: Policy Does Not Require Insured to Produce Recordings of Her Conversations With the Carrier

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On May 20th, a federal court in Georgia held that the standard “requirements in case of loss” language compelling the insurer to turn over her books and records during the adjustment process did not require the production of...more

Saul Ewing Arnstein & Lehr LLP

Northern District of Indiana: No Bad Faith Where Insurer Has a Rational Basis for its Coverage Position

Thorne v. Member Select Ins. Co., No. 2:09 CV 87, 2014 WL 4700873 (N.D. Ind. Sept. 22, 2014). The Northern District of Indiana denies an insured’s motion for reconsideration of the court’s entry of summary judgment in...more

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