Flood Basics still causing pain for some
Nonprofit Basics: Insurance Coverage for the New Nonprofit
The Calm Before the Storm: Planning for Catastrophic Weather Events
Hinshaw Insurance Law TV: Recent Changes in Florida Property Insurance Law and How They Will Affect First Party Insurance
The Calm Before and After the Storm: How to Maximize Insurance Recovery for Catastrophic Weather Events
NGE On Demand: Insurance and Indemnity Issues for Family Offices with Angela Elbert
Filing Insurance Claims After the Texas Winter Storm
Navigating the New Normal: Risk Management and Legal Considerations for Real Estate Companies
Subro Sense - The ABC's of RCV and ACV
WEBINAR: COVID-19 Insurance Coverage Class Actions
What is an Appraisal?
K&L Gates Triage: Emergency Preparedness and Response in Long Term Care - Part II
Welcome to the inaugural issue of Insurance Insights, a gathering of notable legal developments and trends relevant to the insurance industry. In this issue, the California Supreme Court covers COVID-19 claims, Georgia...more
Citizens Property Insurance Corporation v. Marie Avril and Clifford Romain, 4th District, Case no. 4D2022-0360, Mar. 27, 2024, Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County - The...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
The parent of an infant sued Kim Eichle for Eichle’s alleged negligence in serving alcohol to her houseguest, Jacob Russo, who allegedly assaulted the infant, and for negligence in failing to keep the sidewalk at her...more
The Third District Court of Appeals of Florida is the latest to join the growing number of Florida appellate courts that have ruled that the pre-suit notice provision of section 627.70152 is procedural in nature and, as such,...more
In November 2023, the Sixth District Court of Appeal of Florida, in direct conflict with the Fourth District Court of Appeal of Florida, found that the pre-suit notice as mandated by Florida Statute 627.70152 does not apply...more
Southern District Finds That Exclusion In HO3 Form Precludes Coverage Even Though Form Inadvertently Omitted From Copy Of Policy Sent To Insured- Scottsdale Insurance Company issued a homeowner’s policy to 232 Dune Road...more
On December 16, 2022, Florida’s Governor signed Senate Bill 2A into law, bringing a number of changes to Florida’s insurance litigation landscape. These reforms include an amendment to the Florida law governing offers of...more
For the fourth time since 2019, the Florida Legislature has enacted property insurance reforms aimed towards stabilizing a beleaguered insurance market. The bill, S.B. 2-A, creates a reinsurance assistance program,...more
In Advanced Indicator & Manufacturing v. Acadia Insurance Company, the Fifth Circuit resolved a thorny split in Texas federal district courts regarding Texas Insurance Code Chapter 542A by returning to a bedrock principle...more
It is no secret that Florida’s residential property insurance market has experienced a tumultuous past couple of years. Within the past two years alone, a myriad of Florida’s residential property insurance carriers have...more
For the third time since 2019, the Florida Legislature has enacted broad property insurance reforms with the goal of stabilizing the insurance market and curbing litigation filed by unscrupulous contractors....more
An intentional act may not be an “occurrence” even when there is no intent to cause harm, according to a California appellate court’s recent ruling in Ghukasian v. Aegis Security Insurance Co.1 Ghukasian involved an insured...more
On April 18, 2022, the Fourth Circuit Court of Appeals reviewed an insured’s claim against its own property insurer for violation of the North Carolina’s Unfair and Deceptive Trade Practices Act (“UDTPA”) in a rare published...more
Few things play a more sizable factor in litigation than attorney’s fees. They incentivize suing as much as they do settling. The prospect of liability for the other side’s fees is a long shadow cast by every case, whether it...more
Until recently, property insurers who paid a binding appraisal award in Texas were almost certain to end a matter by doing so, with respect to both breach-of-contract claims and all extracontractual claims. But changes...more
In a timely reaffirmation of the Fifth Circuit’s 2007 ruling in Leonard v. Nationwide Mut. Ins. Co., a Louisiana federal court recently upheld the application of an insurance policy’s Anti-Concurrent Causation Clause (“ACC”)...more
Insurers in South Carolina may now depreciate both labor costs and material costs when determining the “actual cash value” (ACV) owed to policyholders for property damage....more
Two more federal court judges in the Northern District of Ohio have weighed in on whether insurance carriers in the cases pending before them must cover claims for damages caused by the COVID19 pandemic. In both cases, the...more
Courts ended 2020 with a flurry of insurance decisions. Our January 2021 Update highlights some of these decisions, including several by state supreme courts. We begin with a new twist on pandemic-related claims. ...more
The Holding - In Chattanooga Prof’l Baseball LLC, v. Nat’l Cas. Co., 2020 WL 6699480 (D. Ariz. Nov. 13, 2020) (Order), the Arizona District Court held that a “Virus Exclusion” clearly precluded insurance coverage for losses...more
The coronavirus pandemic raises the specter of potential class action exposure for commercial property insurers. The combination of staggering losses to America’s small businesses and the perceived deep pockets of insurers...more
Coronavirus contamination has disrupted the work force, supply chains, and transportation. Official bans on large public gatherings across the country, and the ordered closures of restaurants and bars implemented by many...more
Appraisers are frequently involved in Florida property claims. Accordingly, Florida courts continue to refine the roles and limitations with respect to appraisers and the appraisal process as a whole. ...more
In Rural Mut. Ins. Co. v. Lester Bldgs., LLC 2019 WI 70, 2019 Wisc. LEXIS 272, the Supreme Court of Wisconsin considered whether a subrogation waiver clause in a construction contract between the defendant and the plaintiff’s...more