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Florida was hit by Hurricane Ian in September 2022 and Hurricane Nicole in November 2022, both of which caused severe damage to various parts of the state. In response to these disasters, the Florida Legislature enacted...more
The trial court found that the appellants failed to give prompt notice of their loss when they reported it two-and-a-half years after the date of loss, thus triggering the presumption of prejudice....more
In late 2016, a roofing contractor stepped through the insured’s roof resulting in damage to the roof and internal water damage. The insured did not file a claim with its property insurer until early 2018, more than a year...more
Cases in our April Insurance Update address several questions: •Are costs incurred to comply with a subpoena covered? •What must an insured show to rebut the presumption of prejudice in a late notice situation? •What...more
Briefcase: Quarterly Real Estate Update - Cases and News including: ..London Trocadero (2015) LLP v Picturehouse Cinemas and others ..Terence James Macey v Pizza Express (Restaurants) Ltd ..Kensquare Ltd v Boakye...more
Florida S.B. 76, designed to curb first-party property insurance litigation in Florida, took effect on July 1. While the bill addresses several critical property insurance topics including roof-surface reimbursement...more
Florida House Bill 301—approved by the Florida Legislature in the 2019 Regular Session and signed by the Governor—addressed a number of different issues relating to insurance in Florida. This article discusses four of those...more
Last week, Hurricane Michael devastated the Florida Panhandle. The hurricane was the third strongest to strike the United States and the largest to ever make landfall on the Florida Panhandle. Some of Florida’s most historic...more
Before worrying about an insurance claim, first ensure that you and your family, including pets and extended family, have their immediate needs met, particularly medical needs. When you are ready to begin the recovery...more
If your company has insurance under the so-called "Bermuda Form" of liability insurance, it might have coverage for property damage or personal injury that otherwise might be excluded by a pollution exclusion. But prompt...more
An unexpected or catastrophic loss can force any company out of business, even if it is insured. You must understand your company’s risks and how your insurance policies cover those risks in order to manage them and maintain...more
Hurricane Irma’s epic scope and wind speed suggest that affected businesses and other organizations take immediate and proactive steps to maximize insurance recovery....more
While insurance claims may be far from the first priority for clients affected by Hurricane Harvey, a new law takes effect on Sept. 1, 2017, that may affect first-party property insurance claims stemming from Harvey, floods...more
Hurricane Harvey and its associated rainfall have simply devastated much of southeastern Texas. Many areas were left inaccessible, or without water or power services. Evacuation and curfew orders limited travel and...more
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
On May 26, 2017, Texas Governor Greg Abbot signed into law Texas House Bill 1774/Senate Bill 10. The new law makes changes to the Texas Insurance Code that will impact the way in which weather claims are brought and how those...more
- It is essential to keep track of deadlines mandated under policies. - Keep in mind that several types of insurance—not just property insurance—may cover flood and storm-related losses (such as property damage, loss of...more
The beginning of 2016 brought floods to the Midwest—and, tragically, loss of life and extensive property damage. With the floodwaters now receding and cleanup underway, affected businesses should consider obtaining insurance...more
South Carolina was recently pummeled by a devastating storm that Governor Haley described as happening “once in a thousand years.” Compounding the resultant flooding, many dam breaks exacerbated the catastrophic losses South...more
Two Years, Too Long for Coverage Under Claims-Made-and-Reported Policy - Why it matters: Claims-made-and-reported policies require that the claim be both made against the insured and reported to the insurer within the...more
Welcome to the latest edition of Pillsbury’s Perspectives on Insurance Recovery. As this 2015 edition of Perspectives demonstrates, our team is working on the most challenging issues—from cyber-insurance and complex claims...more