News & Analysis as of

Property Damage

In California, Proposed Legislation To Increase Insureds’ Recoveries From Their Insurance Policies

by Carlton Fields on

After devastating wildfires, California legislators proposed greater wildfire insurance protection, drafting a set of bills. The most important proposed changes are as follows...more

AOB Reform Bill Passes Florida House, Senate Future Uncertain

On January 12, 2018, the Florida House of Representatives passed a bill (HB 7015) that would dramatically affect the way contractors and their lawyers use assignments of benefits (“AOBs”) in first-party property insurance...more

2017 – A Record Setting Year

by Zelle LLP on

2017 was a year of records for sure. Most notably, professional eater Joey Chestnut set a new record by eating 55 glazed doughnuts in eight minutes. At a university in Ohio, 972 people set a record by dressing as penguins. ...more

Flood or Fire: The Montecito Claims

by Selman Breitman LLP on

What is the Efficient Proximate Cause of the Devastating Mudslides in Southern California? At first glance, the destruction in Montecito, California and other areas of Santa Barbara and Ventura Counties on Monday, January...more

Evidence of an Insurer’s Post-filing-of-litigation Conduct is Admissible in Iowa and Can Be Probative of Bad Faith

After a 2011 tornado damaged two buildings on its premises in Iowa, B&F Jacobson Lumber & Hardware, L.L.P. (“B&F”) submitted a property damage claim to its insurer, Acuity, A Mutual Insurance Company (“Acuity”). In response...more

Still Crazy After All These Years: Recent Developments on the Standard Mortgage Clause

by Cozen O'Connor on

A not uncommon scenario: after examining the charred debris of a property fire, investigators note that the building’s alarm failed to sound and automatic sprinkler system similarly failed to activate because neither had been...more

7th Circuit: Damage to Property Exclusion Applies Broadly to Damage Caused by Defective Work

by Cozen O'Connor on

On December 18, 2017, the U.S. Court of Appeals for the Seventh Circuit issued a decision that will impact insurance coverage for property damage claims, especially in Illinois. In W. Side Salvage, Inc. v. RSUI Indem. Co.,...more

You Dropped a Bomb (Cyclone) on Me

by Zelle LLP on

Move over Snowmageddon and make way for the “bomb cyclone” which hit the East Coast January 4, 2018. While the official name of this winter storm is “Grayson”, the media focused on the phenomenon (bombogenesis) that...more

Pardon this interruption… Service Interruption Provisions and Hurricanes

by Zelle LLP on

As the urgency to repair immediate physical damage to commercial property subsides, and businesses begin to get back to business as normal in the wake of Hurricanes Harvey, Irma, and Maria, we will undoubtedly see claims to...more

Magistrate Judge Recommends Denying Application For $305m Reinsurance Judgment

by Carlton Fields on

A Magistrate Judge in the U.S. District Court for the Southern District of New York has recommended that a default judgment totaling more than $221 million be entered against the Islamic Republic of Iran and in favor of...more

Expert Opinions in the Age of the Internet of Things: “You’re Gonna Need a Bigger Boat”

by Wilson Elser on

In my September 2016 blog post, The Impact of the Smart Home Revolution on Product Liability and Fire Cause Determinations, I forecast that “dumb products made smart by connecting to the internet will present a new layer of...more

Repairing Damaged Docks, Piers, and Seawalls After Hurricane Irma

Waterfront properties in the Keys and on both sides of the coast in South Florida were hit hard when Hurricane Irma began its assault on the state on September 10. The devastation included massive damage to the docks,...more

A Look Back at Texas Insurance Law in 2017

by Zelle LLP on

2017 was a busy year for insurance practitioners, legislators and jurists. The year brought a number of long-awaited Texas Supreme Court opinions, ranging from a case of simple contract construction to a lengthy opinion...more

Latest Earthquake Assignment Decision

by DLA Piper on

Statements made by contracting parties may give rise to enforceable rights. Where there is no contractual relationship, a party that has suffered detriment in reliance on statements made by another may still have remedies in...more

California Court Broadly Interprets Insurance Policy’s “Liability Arising Out of” Language

In McMillin Mgmt. Servs. v. Financial Pacific Ins. Co., Cal.Ct.App. (4th Dist.), Docket No. D069814 (filed 11/14/17), the California Court of Appeal held that the term “liability arising out of,” as used in an ongoing...more

Insurers Brace for a Texas-sized Assessment for FAIR Plan Members

by Locke Lord LLP on

At its recent December 11th meeting in Corpus Christi, Texas, the Governing Committee of the Texas FAIR Plan Association (TFPA) is reported to have approved an assessment for its insurance company members of over $64 million...more

Reed Smith 2017 Southern California Wildfires Relief Resources Guide

by Reed Smith on

Though the wildfires continue to burn across California, insurance industry insiders have estimated that the reconstruction cost value for homes potentially at risk in the Santa Barbara, Ventura, Los Angeles, Riverside, and...more

Florida Court Rejects Property Insurer’s Effort To Limit Assignment Of Benefits

by Carlton Fields on

An assignment of benefits (AOB) is a legal tool that allows a third party to be paid for services performed for an insured property owner who would normally be reimbursed by the insurance company directly after making a...more

2017 Hurricane Season the Costliest on Record

by Locke Lord LLP on

The 2017 United States Atlantic hurricane season, which officially ended on November 30, was the most expensive ever according to one report. Disaster modelers Chuck Watson and Mark Johnson concluded that total damages for...more

Firing On All Cylinders

by Locke Lord LLP on

The wildfires raging in Northern California are already the worst in the state’s history. The risk of cataclysmic fires is greater in Southern California, but the elements (fierce winds, high temperatures, and low humidity)...more

Replace, Cancel or Get Burned: Sandy’s Electrical Wiring Lesson for 2017 Hurricane Claims

by Wilson Elser on

Those who have homes or spend time at the “Jersey shore” cannot help but be reminded of Superstorm Sandy during this brutal 2017 hurricane season. Sandy crashed into New Jersey on October 29, 2012, about seven miles north of...more

Recent Victories for PK Law Flood Team

by Pessin Katz Law, P.A. on

The PK Law Flood Team handles litigation for a variety of carriers in several jurisdictions including federal and state courts in Maryland, Pennsylvania, New Jersey, New York, New Hampshire, Tennessee, North Carolina,...more

“Myopic” Ruling Limits Policyholders’ Ability to Recover for Common Law Bad Faith in West Virginia

by Reed Smith on

The Supreme Court of Appeals of West Virginia has made it harder for policyholders to prevail on claims of common law bad faith against insurers in that state. In State of West Virginia ex rel. State Auto Property Insurance...more

Don't Miss the Diamonds in the (Aggregate) Rough

Time and time again, property carriers insist on closing high quality subrogation recovery files because they see that their insured has yet to hit the policy aggregate deductible. Policy aggregate deductibles are becoming...more

State Appeals Courts Rule on ‘That Particular Part’ Exclusions

by Farella Braun + Martel LLP on

Two recent cases from separate California state courts correctly interpret the phrase “that particular part” and apply it in its intended narrow sense. This is good news for contractors and is in contrast to some recent...more

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