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Insurance Litigation Condition Precedent

Kennedys

Delaware Supreme Court delivers split decision to insurers in 3M coverage row

Kennedys on

The Delaware Supreme Court’s 3-2 Aearo Technologies LLC Insurance Appeals decision on August 12, 2025 affirmed a lower court ruling that payment of defense costs by a non-insured did not count toward the insured’s...more

Butler Weihmuller Katz Craig LLP

A Matter of Means and Methods: Florida Appellate Court Upholds Retroactive Presuit Notice Requirement

The presuit notice requirements of section 627.70152, Florida Statutes, are procedural in nature and, therefore, apply retroactively to insurance policies existing at the time the law was enacted (July 1, 2021).  Herman Cole...more

Burr & Forman

Navigating the New Pre-Suit Notice Requirements for Property Insurance Carriers Set Forth in Fla. Stat. § 627.70152. to Leverage...

Burr & Forman on

By now, property insurance carriers and their counsel are likely familiar with Senate Bill 76, in which the Florida Legislature finally codified long-needed changes to the current property insurance litigation framework. The...more

Butler Weihmuller Katz Craig LLP

A Brief Refresher On Appraisal In North Carolina, South Carolina, And Georgia

Most first party property coverage policies contain an appraisal provision that allows either the insured or the insurer to make a written demand for appraisal when the parties agree that covered property was damaged by a...more

Cozen O'Connor

Fifth Circuit Predicts When the Texas Prompt Pay Act Begins to Accrue

Cozen O'Connor on

In a recent decision, the Fifth Circuit considered when the 18 percent damages interest under the Texas Prompt Payment of Claims Act (Prompt Pay Act) accrues and whether an insurer can waive a policy’s one-year cost reporting...more

Carlton Fields

Florida Courts Offer Different Opinions on "Policy Conditions"

Carlton Fields on

Several recent Florida decisions have addressed the distinction between “conditions precedent” and “conditions subsequent” in insurance policies and the impact of that distinction on issues of prejudice and burden of proof at...more

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