News & Analysis as of

Property Insurance Insureds

White and Williams LLP

A Matter Judged: Subrogating Insurers Should Beware of Prior Suits Involving the Insured

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In New Jersey Mfrs. Ins. Co. v. Lallygone LLC, No. A-2607-22, 2024 N.J. Super. Unpub. LEXIS 120, the Appellate Division of the Superior Court of New Jersey (Appellate Division) considered whether New Jersey Manufacturers...more

Hinshaw & Culbertson - Insights for Insurers

NYDFS Instructs Insurers to Provide Explanations of Coverage for COVID-19 Losses

In light of anticipated losses arising from the outbreak of COVID-19, the coronavirus, New York State's Department of Financial Services (NYDFS) has instructed property/casualty insurers to prepare explanations for their...more

Zelle  LLP

The Insureds’ Burden: Determining Date of Loss in Texas

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In recent years, Texas experienced an insurance litigation barrage. Most carriers that write property insurance policies in Texas, particularly residential policies, have seen a dramatic increase in litigated claims. Last...more

Zelle  LLP

Appraisal is an Appraisal is an Appraisal, Except in Mass.

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Like Gertrude Stein’s “rose”, an appraisal is an appraisal is an appraisal except in Massachusetts. Massachusetts’ version of appraisal is a statutory process named “reference.” Although a reference proceeding is very similar...more

Zelle  LLP

Symptoms of the Texas Progressive Claim Syndrome

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Those familiar with the issues faced by insurers in Texas first-party insurance claims, particularly in the realm of hail damage claims, are undoubtedly aware of what has been labeled the "Progressive Claim Syndrome.” In a...more

Carlton Fields

Florida Federal Court Limits First Party Bad Faith Claims

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First party bad faith actions in Florida must be pursued under §624.155 Florida Statutes because Florida does not recognize common law first party claims. The statute provides that an insured may bring a civil action against...more

Cozen O'Connor

Prompt Payment of An Appraisal Award Bars Bad Faith Per Austin U.S. District Court, Although Some Acts By An Insurer May Leave The...

Cozen O'Connor on

The United States District Court for the Western District of Texas in Austin recently held that an insurer’s timely payment of an appraisal award bars the insured’s extra-contractual tort claims. Michels v. Safeco Ins. Co. of...more

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