What is an Appraisal?
Memorial Day is approaching and, with it, the unofficial start of summer. Many minds turn to thoughts of cookouts, inviting friends over to swim in backyard pools, and evenings spent playing basketball games on driveways....more
Holding Insurance Companies Accountable, LLC v. Leonard Caruso v. American Integrity Insurance Company of Florida, Fla. 5th DCA, No. 5D2023-2810, January 3, 2025 - The homeowner reported roof damage to his homeowners...more
This alert begins our series discussing legal issues related to the Southern California wildfires. We will continue to provide updates as more information becomes available. Due to the high risk of wildfires in California,...more
The insured owned premises located in Huntington Station, NY. The Claimant was allegedly injured when she slipped and fell at the premises. The Claimant sued the insured and the insured sought coverage under her homeowners...more
The insureds filed a breach of contract lawsuit against their homeowner insurance carrier in April 2022 for damage that occurred at their property in November 2020. Nine months prior to the insureds’ filing their lawsuit,...more
In December 2020, Plaintiff Erin Hughes applied for homeowners coverage for her Malibu home with her Farmers’ insurance agent. Hughes obtained a fire policy through the California FAIR Plan and a homeowners policy through...more
Property Insurance/Replacement Cost - Homeowners Did Not Substantially Meet Policy’s Condition Precedent to Recover Replacement Cost Value - Insurer Did Not Waive Conditions - Henderson v. State Farm Fire and...more
The Situation: On September 26, 2024, Hurricane Helene made landfall and left a path of destruction from the Florida coast through North Carolina, with total insured losses estimated in the tens of billions of dollars....more
Florida Farm Bureau General Insurance Company v. Linda Williams, 5D23-0183 (Fla. 5th DCA, Apr. 9, 2024) - In this case, Florida’s Fifth District Court of Appeals addresses proper application of a hurricane deductible. The...more
A federal court recently held that an insurer could not deny coverage under a homeowner’s policy based upon the failure of the named insured’s son, an “insured person,” to submit to an examination under oath (“EUO”). In...more
Chabad of Key Biscayne, Inc. v. Scottsdale Ins. Co., No. 22-13603 (11th Cir. 2023) - Chabad filed a claim for water damage after a drain or sewer pipe broke. The insurer denied the claim under the general water damage...more
In Nationwide Mutual Fire Insurance Co. v. Carmichael, the U.S. District Court for the Northern District of Alabama, applying Alabama law, entered summary judgment ruling that Nationwide Fire Insurance Co. had no duty to...more
Long Island is especially beautiful in late summer and early autumn. The sizzling summer heat has started to fade, the leaves on the area’s stately trees are green, and the warm water temperatures continue to attract ...more
We bring you our July Insurance Update. We begin with two cases about late notice. First, the Kentucky Supreme Court considers whether the notice-prejudice rule applies to claims-made-and-reported policies. Second, the...more
Today, the Louisiana Legislature convened a special session to address the issue of funding for the Insure Louisiana Incentive Fund. Governor John Bel Edwards called for the emergency session in response to mounting concerns...more
The holiday season is one of the most magical times of year in New York. The crisp winter air is filled with excitement as residents transform their homes with festive decorations, bright lights and Christmas trees. Although...more
I understand that it may seem early to be addressing possible coverage issues, under homeowner’s policies, for the devastation in Florida caused by Hurricane Ian. At the moment, those affected are dealing with a major...more
A few years back, we discussed the Montana Supreme Court’s Parker decision, which interpreted an earth movement exclusion in a first-party claim under a homeowner’s policy. There, a boulder dislodged from a hillside and...more
On July 20, 2022, Florida’s Third District Court of Appeal reversed and remanded a trial court’s decision compelling the parties to proceed with appraisal and staying litigation until that appraisal was completed. Florida’s...more
The Tenth Circuit recently held that, under Kansas law, an intentional loss exclusion precludes coverage for damage caused by an intentionally set fire even if the actual resulting damage is unintended. In Taylor et al. v. LM...more
In late 2016, a roofing contractor stepped through the insured’s roof resulting in damage to the roof and internal water damage. The insured did not file a claim with its property insurer until early 2018, more than a year...more
It is nearly impossible to watch any newscast without hearing an expert’s warning that 2022’s wildfire season is arriving early and going to be severe. This warning has come to fruition, especially in New Mexico, where in...more
At the end of 2021, securing homeowner’s insurance became more complicated for individuals in California. Kathleen Zortman, President and CEO of AIG Private Client Group, alerted the personal insurance industry of her...more
A Florida court recently held that rust and corrosion of water pipes is an “act of nature,” and, thus, was excluded from coverage under a homeowner’s insurance policy. In Dodge v. People’s Trust Insurance Company, 2021 WL...more
On March 26, 2021, the Fourth District issued a ruling in the matter of Jennifer Mezadieu v. Safepoint Insurance Company, which critically cemented the principle that ‘intentionality’ on the part of an insured is not a...more