As we have reported, an assignment of benefits (AOB) is a legal tool that allows a third party, like a contractor, to be paid for services performed, like repairs following an insured loss, for an insured property owner who...more
An assignment of benefits (AOB) is a legal tool that allows a third party to be paid for services performed for an insured property owner who would normally be reimbursed by the insurance company directly after making a...more
In ACE American Ins. Co. v. Exide Technologies, Inc. and The Wattles Co., No. 1:16-CV-1600-MHC (N.D. Ga. Sept. 20, 2017), the Federal District Court for the Northern District of Georgia applied a continuous trigger theory to...more
10/10/2017
/ All-Risks Insurance ,
Breach of Contract ,
Continuous Trigger Theory ,
Damages ,
Denial of Insurance Coverage ,
Insurance Industry ,
Insurance Litigation ,
Negligence ,
Policy Exclusions ,
Policy Terms ,
Property Damage ,
Property Insurance ,
Proximate Cause
As the waters recede from Hurricane Irma, there are many issues for property insurers to consider as they adjust claims in Florida, including unique issues raised by assignment of benefits, Florida law on concurrent...more
9/26/2017
/ Assignment of Benefits (AOB) ,
Farms ,
Fire Damage ,
Flood Insurance ,
Florida ,
Hurricane Irma ,
Insurance Claims ,
Insurance Industry ,
Natural Disasters ,
Policy Terms ,
policy-term ,
Property Damage ,
Property Insurance ,
Real Estate Market ,
Severe Weather ,
Wind Damage
As the waters recede from Hurricane Irma, property insurers have many issues to consider as they adjust claims in Florida. This alert discusses a few of those issues.
Claims Reporting -
The Florida Office of Insurance...more
9/26/2017
/ Assignment of Benefits (AOB) ,
Farms ,
Fire Damage ,
Flood Insurance ,
Florida ,
Hurricane Irma ,
Insurance Claims ,
Insurance Industry ,
Natural Disasters ,
Policy Terms ,
Property Damage ,
Property Insurance ,
Real Estate Market ,
Severe Weather ,
Wind Damage
Because Hurricane Harvey claims may be taking you and your colleagues to different states, we thought it might be helpful to bear in mind the claims adjusting standards and regulations in those states that will likely be...more
In Erie Insurance Property and Casualty Company v. Chaber, No. 16-0490 (W. Va. June 1, 2017), the Supreme Court of Appeals of West Virginia reversed a lower court’s decision, holding that damage caused by a landslide was...more
In the wake of the March 30 collapse of the I-85 bridge in Atlanta, Georgia Governor Nathan Deal declared a state of emergency calling for closure of both the northbound and southbound lanes of I-85 in Fulton County. A copy...more
4/3/2017
/ Bridges ,
Business Interruption ,
Civil Authority Coverage ,
Critical Infrastructure Sectors ,
Ingress/Egress ,
Insurance Industry ,
Loss of Income ,
Policy Terms ,
Property Insurance ,
State of Emergency ,
Transportation Corridor
It’s said that “defeat is an orphan,” but insurable losses often have multiple, concurrent causes. In some cases, one or more of those causes might be outside the scope of coverage, either by omission or exclusion. In Sebo v....more
12/5/2016
/ All-Risks Insurance ,
Appeals ,
Construction Defects ,
Denial of Insurance Coverage ,
FL Supreme Court ,
Florida ,
Insurance Industry ,
Insurance Litigation ,
Policy Exclusions ,
Policy Limits ,
Policy Terms ,
Property Damage ,
Property Insurance ,
Severe Weather ,
Toxic Mold
Because Hurricane Matthew claims may be taking you and your colleagues to several different states, we thought it might be helpful to bear in mind the different claims adjusting standards and regulations in those states that...more
As this blog has reported, exclusions and limits for flood coverage have generally held up against the tide of claims arising from Superstorm Sandy. Now that the water is gone, however, new losses have been discovered, and...more
9/26/2016
/ All-Risks Insurance ,
Amtrak ,
Demolition ,
Flood Insurance ,
Flooding ,
Hurricane Sandy ,
Insurance Industry ,
Insurance Litigation ,
Natural Disasters ,
Policy Limits ,
Property Damage ,
Property Insurance ,
Railways ,
Severe Weather ,
Summary Judgment ,
Transportation Industry
A recent article in the Sports section of The Miami Herald read “Shooting coach helps Winslow.” Perhaps, but it probably didn’t help the coach much. The admonition to “eat every carrot and pea on your plate” undoubtedly...more
9/12/2016
/ Airports ,
Declaratory Judgments ,
Denial of Insurance Coverage ,
Duty to Defend ,
Insurance Industry ,
Insurance Litigation ,
PCBs ,
Policy Exclusions ,
Policy Terms ,
Pollution Exclusion ,
Summary Judgment
An insured corporation settles a class action, and a portion of the settlement pays the plaintiffs’ attorneys. Payments to the class are excluded from coverage under the terms of the corporation’s liability policy. But can...more
7/18/2016
/ ATMs ,
Attorney's Fees ,
Banking Sector ,
Banks ,
Class Action ,
Commercial General Liability Policies ,
Debit and Credit Card Transactions ,
Declaratory Judgments ,
Denial of Insurance Coverage ,
Indemnification ,
Insurance Industry ,
Litigation Fees & Costs ,
Overdraft Fees ,
PNC ,
Qualified Settlement Funds ,
Settlement Agreements
When a property insurance policy covers a multi-story building or multi-building property, and a portion sustains damage, there is often a question regarding the extent to which undamaged property should be replaced to ensure...more
When might a court find a reasonable and enforceable suit limitation provision neither reasonable nor enforceable? According to New York’s highest court, it’s when the provision would bar a claim to enforce the replacement...more
In New Sea Crest Healthcare Center, LLC v. Lexington Ins. Co., No. 12-CV 6414(RJD)(RLM), 2014 WL 2879839 (E.D.N.Y. June 24, 2014), the insureds suffered losses to nursing homes in two locations as a result of Hurricane Sandy....more