Subro Sense - The ABC's of RCV and ACV
California Court of Appeal Opens Doors for Construction Defect Claims Outside of the Right to Repair Act
Condo Water Invasion: Potential Medical Liability?
The adjustment of hurricane claims sometimes involve discrete issues regarding either special coverages under insurance policies or different types of structures governed by a patchwork of federal and state laws....more
On July 11, 2021 Chief Judge Mark Walker of the U.S. District Court for the Northern District of Florida entered an order enjoining the Secretary of the Florida Department of Business and Professional Regulation from taking...more
Oftentimes, third-party liability adjusters will refuse to pay the full amount of the “Repair Cost Value” (“RCV”) of the damages included in the subrogation demand, and contend that they only owe “Actual Cash Value” (“ACV”),...more
A familiar dispute between a carrier and a third party involves the third party’s attacking the language of the insurance contract and arguing in favor of an interpretation not reflected by the plain meaning of the text. But...more
In situations where a property insurer denies coverage, the insured often complains that it is faced with a difficult dilemma – use its own money to fund repairs or avoid making repairs and risk having its recovery limited to...more
Property insurance policies typically require that the insured repair or replace damaged property before recovering on a replacement cost value (RCV) basis. ...more
This week the Eighth Circuit issued its long-awaited decision in a class action against State Farm involving the “labor depreciation” issue that I have covered extensively on this blog. State Farm prevailed on both the merits...more
Oftentimes, during the course of a subrogation claim, third-party liability adjusters will refuse to pay the full amount of the “Repair Cost Value” (“RCV”) of the damages demanded, and contend that they only owe “Actual Cash...more
There have been two recent federal district court decisions in the widespread class action litigation involving the application of depreciation to the labor cost component of replacement cost value on property insurance...more
In prior blog posts, I’ve covered developments in the putative class actions against insurance companies in Georgia involving diminution in value on property insurance claims (see my March 11, 2016 post, for example)....more
Property policies typically provide, if there is coverage, that the insured can recover for the costs to repair or replace the property damaged by loss. But when an insured does not repair or replace the damaged property (or...more
Florida homeowner insurers are seeing a significant increase in claims and litigation and are seeking ways to avoid costly litigation and expedite the claims process for their insureds. One option for the insurer is to...more
Two new opinions show the Second DCA continues to hold that if an insurance policy providing sinkhole coverage authorizes the insurer to withhold payment for subsurface repairs until the policyholder presents a signed...more