Out With a Bang: Current State of Play on Coverage for COVID-Related Losses
The Calm Before and After the Storm: How to Maximize Insurance Recovery for Catastrophic Weather Events
Protect Your Construction Project: Top 10 Insurance Provisions to Know
Filing Insurance Claims After the Texas Winter Storm
Subro Sense - The ABC's of RCV and ACV
K&L Gates Triage: Emergency Preparedness and Response in Long Term Care - Part II
What Money Damages Are Available In A Personal Injury Claim?
In this month’s update, we discuss Russian-seized planes, Starbucks-caused traffic jams, a squabble over the use of a family name, a restaurant’s pandemic-based loss, a poorly built house, and whether insurance covers any of...more
In light of the recent heavy rainfall in the UAE, both insurers and businesses must understand the legal framework outlined in Federal Law No. 5/1985 on Civil Transactions Law or Civil Code. This law provides comprehensive...more
Heritage Property & Casualty Ins. Co., Appellant v. Sunset Villas Phase III Condominium Association, Inc., Appellee, Fla. 3rd DCA, 3D23-1672, May 15, 2024, Appeal from non-final order from Miami-Dade Co. Lower Tribunal No....more
Hurricane Francine proved to be a true reminder that hurricane preparedness is critically important. With this unique weather event, Hurricane Francine formed in the southern Gulf and within 48 hours was knocking on the...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
Conversion of State-Law Declaratory Judgment Actions Concerning First-Party Coverage Disputes into Federal Declaratory Judgment Actions Is Not Required Upon Removal - Addressing the thorny issue of whether a state-law...more
Universal Property & Casualty Insurance Company v. Luis Nacimiento, Fla. 3rd DCA, 3D23-0301, Apr. 3, 2024 - The insured reported a claim to Universal Casualty & Property Insurance Company in February 2016 for water damage...more
Great Lakes Insurance SE v. Concourse Plaza A Condominium Ass’n, 22-13141, 11th Cir., Apr. 15, 2024 - In this unpublished opinion, the Eleventh Circuit was presented with the issue of whether Florida Statute § 627.70132...more
Merchants Preferred Insurance Company filed a declaratory judgment action in New York seeking a declaration that it had no duty to defend or to indemnify its insureds in an underlying Florida personal injury action arising...more
In Life Skills, Inc. v. Harleysville Insurance Company, 2024 WL 3792261 (D. Mass. 2024), the District Court of Massachusetts found that “collapse” provisions within a commercial property policy were ambiguous where a floor...more
We touch upon various issues in our August insurance update. The Supreme Judicial Court of Massachusetts considers the meaning of “surface waters” and whether the sublimit for floods applies when pooled water on a roof...more
Aymee Taylor v. State Farm Florida Insurance Company, 5D23-0243 (5th Fla. DCA, Apr. 12, 2024) - The insured suffered water damage caused by a overflowing sink. State Farm covered the loss, and the parties participated in the...more
Join Winstead PC and Alliant Insurance for an informative webinar on Texas property insurance for condominiums. We'll dive into the essentials of Condominium Insurance and Named Storm Deductibles. Learn what actions to take...more
Catastrophic events (CAT) include hurricanes, floods, landslides, tsunamis, volcanic eruptions, earthquakes, tornados, and wildfires (See Figures 1-4 below). “CAT season” is the phrase experts commonly use to describe the...more
Florida Farm Bureau General Insurance Company v. Linda Williams, 5D23-0183 (Fla. 5th DCA, Apr. 9, 2024) - In this case, Florida’s Fifth District Court of Appeals addresses proper application of a hurricane deductible. The...more
Florida Farm Bureau General Insurance Company v. Richard and Nancy Jones; Florida 5th DCA, 5D23-0376 - Florida Farm Bureau General Insurance Company (Farm Bureau) appealed an order granting summary judgment in favor of the...more
The New York Department of Financial Services (DFS) previously circulated proposed guidance on using AI in underwriting and pricing to address discrimination. DFS requested public comment. Commenters expressed concern over: ...more
In Zurich American Insurance Company v. Medical Properties Trust, Inc., 2024 WL 3504060 (Mass. Jul. 23, 2024), the Supreme Court of Massachusetts held that the term “surface waters,” as used in a limitation contained in a...more
Ending a putative class action, the United States Court of Appeals for the Fifth Circuit examined policy language and two statutes to hold that an insurer does not owe sales tax on top of an actual cash value payment. The...more
What You Need To Know In A Minute Or Less - Storms and hurricanes, isolated but powerful tornados, earthquakes, fires, and floods—the question is not whether, but where and when policyholders will confront the next natural...more
The newest episode of the Subro Sessions podcast, is hosted by Gus Sara, Partner, and Michael DeBona, Counsel, who are joined by guest J. Pablo Ross, PE, of Ross Engineering. The episode, entitled “Water Losses 101: A...more
The Texas Prompt Payment of Claims Act (“TPPCA”), codified in Chapter 542 of the Texas Insurance Code, contains deadlines relating to payment of claims. The TPPCA allows for an insured to recover actual damages, penalty...more
After a large storm, companies and other large organizations often face significant property damage, power outages, physical access issues, and resulting business interruption losses. A key step in recovering from a hurricane...more
In Ohio Sec. Ins. Co v. Brakefire, Inc., CA. No. 5:24-cv-267, 2024 U.S. Dist. LEXIS 97606 (Brakefire), the United States District Court for the Northern District of Ohio considered whether a subrogating plaintiff’s negligence...more
Summertime. The kids are getting out of school. Maybe you have a vacation planned. Down here in Florida, we make early preparations for the annual “it’s going to be the worst hurricane season on record” reports...more