News & Analysis as of

Property Insurance Deductibles Property Damage

Marshall Dennehey

As the Jury Was Not Asked to Determine the Deductible’s Applicability, the Trial Court Erred by Not Applying the Hurricane...

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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

Winstead PC

[Webinar] Navigating Stormy Waters: Understanding Condominium Insurance and Named Storm Deductibles - August 22nd, 2:30 pm CT

Winstead PC on

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

Cozen O'Connor

Court Finds Policy Term, “Windstorm,” to be Ambiguous in Coverage Dispute Involving Tornado

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In Mankoff v. Privilege Underwriters Reciprocal Exchange (2024 WL 322297 (Tex. App.—Dallas Jan. 29, 2024)), the Court determined that the term “windstorm” was ambiguous as utilized in the subject insurance policy....more

Woodruff Sawyer

Large Deductibles on Property Loss Claims: Understand Your Policy

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The property insurance market continues to harden in response to more frequent and severe catastrophes. Not surprisingly, insurance carriers have responded to the new normal of more intense storm seasons and increased...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

Cozen O'Connor

New Texas Laws Take Aim at Common Practice in Storm-Related Repairs

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Texas policyholders can no longer cut deals with storm repair contractors to pocket their deductibles for storm repairs.  The Texas Legislature has amended the Texas Insurance Code and Texas Business & Commerce Code,...more

Cozen O'Connor

Insured Made Whole After Subrogation Recovery

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A property insurer, having paid for covered damage, can recover the loss by seeking reimbursement from its insured where the insured has recovered funds from a responsible third-party, or the insurer may pursue a claim...more

Cozen O'Connor

Texas Federal Court Holds that Named Storm Deductible Applies Even in the Absence of Wind Damage

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Judge Nancy Atlas of the Southern District of Texas cut through competing arguments to resolve a high-profile dispute involving a Hurricane Harvey claim through Contract Interpretation 101....more

Butler Weihmuller Katz Craig LLP

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

Bradley Arant Boult Cummings LLP

Trigger for Hurricane and Named Storm Deductibles

Recent damage from Hurricanes Harvey, Irma, and Maria have focused attention on special “named storm” and “hurricane” deductible endorsements found in most property insurance policies issued for coastal areas. Such...more

Robinson+Cole Class Actions Insider

Class Action Involving Application of Deductible to Actual Cash Value Payment

An emerging issue in class action litigation against the insurance industry involves an attempt by plaintiffs’ attorneys to argue that insurers should not be permitted to apply any deductible to payments made on an actual...more

Cozen O'Connor

New Jersey Court Holds $22 Million “Named Storm” Deductible Applicable to a Superstorm Sandy Loss

Cozen O'Connor on

On October 29th, a New Jersey trial court held that a commercial policyholder’s Superstorm Sandy claims were subject to a $22 million “named storm” deductible equal to 2% of the total insurable values at risk at all of the...more

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