News & Analysis as of

Insurance Claims State and Local Government Insurance Regulations

Kennedys

Proposed Washington code amendments modify insurer claims handling requirements

Kennedys on

Proposed Washington Administrative Code amendments would tighten the deadlines and increase insurers’ requirements while simultaneously finding a single misstep a basis for a violation....more

Phelps Dunbar

Louisiana Changes its "Proof of Loss" Law

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The Louisiana Legislature recently passed HB 437 which enacts La. § R.S. 22:1892.3 (effective August 1), in an attempt to clarify parties’ respective obligations as it relates to Proof of Loss statements and corresponding...more

WaterStreet Company

Certified Mail vs. Proof of Mail for Insurance

WaterStreet Company on

Insurance carriers operate in one of the most regulated industries. Communication with policyholders is not only essential, but legally required. When sending cancellation notices, conditional renewals, or premium increases,...more

Cozen O'Connor

Claims Notes: July 2025

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Jones owned an eight-acre property with a half-acre pond in front of his house. Hatcher, a broker, offered to secure cheaper insurance, asking Jones to sign a single-page application without questions. Hatcher inspected and...more

Rivkin Radler LLP

May 2025 Insurance Update

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We touch upon several issues in this month’s update. Negligent breach of contract: Courts recognize that a CGL policy does not cover breach of contract claims. But where the insured is accused of negligently performing its...more

Carlton Fields

Texas Supreme Court Holds $220M Settlement Agreement Is Not Binding on Insurers Without Insurer’s Consent Where Insured Faced No...

Carlton Fields on

In In re Illinois National Insurance Co., the Texas Supreme Court held that disclaiming insurers were not bound by any underlying settlement agreement, entered into without the insurers’ consent, where the claimants promised...more

Carlton Fields

Florida Bad Faith Legislation

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The Florida Senate is considering legislation designed to reduce insurance companies’ exposure to bad faith claims. Florida Senate Bill 1334, introduced by Sen. Jeff Brandes (R), requires policyholders to present their...more

Robins Kaplan LLP

Hot off the Presses: California Further Regulates Out-of-State Adjusters in the Wake of Record-Breaking Catastrophic Losses

Robins Kaplan LLP on

IN RESPONSE TO RECORD-BREAKING FIRE LOSSES IN 2017, THE CALIFORNIA GOVERNOR SIGNED THE INSURANCE ADJUSTER ACT OF 2019 INTO LAW ON OCTOBER 3, 2019, WHICH NOW TAKES IMMEDIATE EFFECT TO GOVERN THE USE OF OUT-OF-STATE ADJUSTERS...more

Carlton Fields

Florida Court Holds It Was “Miscarriage of Justice” to Deny Insurer Award of Appellate Fees

Carlton Fields on

Florida’s offer of judgment statute, Florida Statutes section 768.79, is a common technique for any litigator who wants to place additional risk on the plaintiff. The statute provides that if a defendant in a civil suit files...more

Michigan Auto Law

Car Insurance Companies Cancelling Insurance For Missed Payments in Michigan

Michigan Auto Law on

Michigan’s law for car insurance cancellation for non-payment provides important protection for drivers who may be at risk of being denied No-Fault insurance coverage due to nonpayment. ...more

Rumberger | Kirk

Insurers Take Note: Florida's New Assignment of Benefits Law

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The Florida Legislature passed House Bill 7065 (“HB 7065” or the “Act”), which takes effect today, July 1, 2019, as Section 627.7152, Florida Statutes. The Act regulates post-loss assignment of benefits (“AOB”) contracts...more

Butler Weihmuller Katz Craig LLP

Lights. Camera. Not an Action? Amendment to Section 558.004, Florida Statutes

On July 1, 2019, Chapter 558, Florida Statutes, will be amended to add section 558.004(1)(d), which states:  “A notice of claim served pursuant to this chapter shall not toll any statute of repose period under chapter 95.” In...more

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