News & Analysis as of

Litigation Strategies Property Damage

Zelle  LLP

When a Plaintiff’s Counsel Thinks His Client is Dead and then Alive Again – Believe Him but Seek Sanctions

Zelle LLP on

In Michael Mitchell v. USAA General Indemnity Company, No. 09-23-00042-CV, 2025 WL 635235 (Tex. App.—Beaumont Feb. 27, 2025, no pet.), the appellate court affirmed dismissal of all Plaintiff’s claims with prejudice, finding...more

Tarter Krinsky & Drogin LLP

Game Changer for Adjacent Property Owners: A Unique Way to Exert Your Rights

Property owners who face issues concerning disruption caused by buildings on adjacent properties often don’t realize or fully utilize the real estate laws that can protect and help alleviate related disturbances and...more

Cozen O'Connor

Decision: Insurer Prevails on Motion in Limine to Exclude RCV Evidence at Trial

Cozen O'Connor on

In the recent decision Marquez v. Clear Blue Specialty Insurance Company, No. 6:23-cv-2025-ACC-DCI, 2024 U.S. Dist. LEXIS 219390 (M.D. Fla. Dec. 4, 2024), the U.S. District Court for the Middle District of Florida granted the...more

Cozen O'Connor

Claim Investigation Not Necessarily Protected by Work Product Doctrine in Illinois

Cozen O'Connor on

In determining when the work product doctrine is triggered, the Northern District of Illinois recently held that, rather than adopting a bright-line rule, the issue should be decided on a case-by-case basis at the court’s...more

Carlton Fields

New York Appellate Court Affirms Denial of Discovery Into Other Hurricane Sandy Claims

Carlton Fields on

In Knickerbocker Village Inc. v. Lexington Insurance Co., New York’s Appellate Division, First Judicial Department, dictated a clear rule for single-insured cases regarding the discovery of an insurer’s treatment of insurance...more

Carlton Fields

The Insurer’s Howler, or How Travelers Proved Its Insured’s Case

Carlton Fields on

What happens when an insurer presents evidence at trial that supports the insured’s case? Answer: The evidence can be used to sustain the jury verdict for the insured-plaintiff. That is the lesson learned by Travelers in the...more

Cozen O'Connor

Texas Reforms Insurance Litigation – Section 542A of the Texas Insurance Code 60 Days to Get Your House in Order

Cozen O'Connor on

Texas has finally enacted statutory reforms specifically designed to combat abusive insurance litigation. Enacted primarily in response to hailstorm lawsuits, the scope of the reforms are much broader. Effective September 1,...more

Cozen O'Connor

Some Considerations when Preparing to Try a Property Damage Subrogation Case in the Age of CSI

Cozen O'Connor on

Recent criminal trials turned national media events, such as the Trayvon Martin and Casey Anthony trials, have highlighted modern jurors’ expectations for forensic evidence. Commentators have termed jurors’ expectations for...more

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