News & Analysis as of

Property Damage Insurance Claims

Carlton Fields

Pennsylvania District Court Denies Mortgagee’s Late Suit Against Homeowner’s Insurer as Barred by Policy’s Limitations Clause

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The U.S. District Court for the Middle District of Pennsylvania recently granted summary judgment in an insurance coverage dispute between intervenor LoanDepot.com LLC and Allstate Insurance Co., holding that LoanDepot’s suit...more

Bradley Arant Boult Cummings LLP

Maryland High Court Ruling Clarifies Claim Assignment

A policyholder's ability to assign its rights to insurance proceeds can be an effective tool of risk mitigation. However, insurance policies often incorporate assignment clauses, which require policyholders to obtain their...more

Whiteford

Client Alert: The Myth of "Unit-to-Unit" Issues in Condominiums

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When a pipe bursts in a single-family home, the fallout is typically confined to the owner, the insurer, and perhaps the plumber. In a condominium, that identical pipe failure can set off a chain reaction of obligations that...more

Troutman Pepper Locke

New York Legislators Investigate Residential Property Insurance

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In a press release published August 25, New York Senators James Skoufis, Jamaal Bailey, and Brian Kavanagh announced a joint investigation into residential property insurance. The purpose of the investigation is “to identify...more

Zelle  LLP

No Exceptions (Unless Prescribed by Law): Court Grants Motion to Preclude Attorneys’ Fees Even Though Carrier Will “Not Entertain”...

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In this case, Safeco Insurance Company of Indiana (“Safeco”) issued a residential policy to Venugopal Muriki (the “Insured”) covering the Insured’s dwelling. On December 10, 2024, the Insured submitted a claim with Safeco...more

Cozen O'Connor

South Florida Wildfires Status & Subrogation Risk Analysis

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Two wildfires in the Everglades near the Broward County border remain fully uncontained, causing widespread smoke, degraded air quality, and reduced visibility across South Florida. Current Situation Overview - Two...more

J.S. Held

Gross Profit Calculation Challenges in Business Interruption Insurance After UAE Floods and COVID-19

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Often, forensic accountants face practical challenges when calculating business interruption (BI) losses. These issues have been highlighted by recent claims following COVID-19 and the 2024 storm in the UAE which caused...more

Cozen O'Connor

Claims Notes: August 2025

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Umpire Not Immune from Insurer’s Suit for Undisclosed Conflicts - A toilet supply line leak damaged Rike’s home. She submitted a claim to her property insurer and demanded an appraisal. Rike and the insurer selected their...more

Cozen O'Connor

Court Interprets “Completion” of a Project Under Builder’s Risk Insurance

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In Luke, Inc. v. Berkley National Insurance Company, 2025 WL 2210783 (W.D. Tenn. 2025), the United States District Court for the Western District of Tennessee determined that the “completion” of a construction project for...more

Cozen O'Connor

Court Differentiates Faulty and Defective Workmanship from Vandalism or Malicious Mischief

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In Carr v. Spinnaker Insurance Company, the United States Court of Appeals for the Ninth Circuit upheld the district court’s finding that property damage resulting from objectionable and imperfect work performed by an...more

Haynes Boone

Torrential Rains and Insurance Claims: When Exclusions and Limitations On ‘Flood’ Coverage May Not Apply

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With five months to go, 2025 is already the year of the flash flood in the United States. To date, the National Weather Service has issued more than 3,600 flash flood warnings across the United States in 20251...more

Mandelbaum Barrett PC

What Damages Can You Recover After a Commercial Truck Accident in New Jersey?

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Collisions involving commercial trucks are among the most devastating vehicle crashes on New Jersey roads. When a tractor-trailer collides with a much smaller passenger vehicle, the results are often catastrophic. You may...more

Pillsbury - Policyholder Pulse blog

Strength in Numbers—The Class Actions Strategy for Insurance Claims

When wildfires, floods or other disasters strike, multiple policyholders can be affected in similar ways. But historically, each policyholder would take on their insurance company alone—a tough task, especially for individual...more

Vedder Price

UK Court Judgment Highlights Febrile Geopolitical Climate for Aviation

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A recent UK High Court judgment has delivered a landmark decision for the aviation and insurance sectors as it ruled in favour of Western lessors seeking multi-billion dollar insurance payouts for aircraft stranded in Russia....more

Bracewell LLP

Q&A: Essential Questions to Ask When Preparing Your Commercial Property’s Hurricane Insurance Policy

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Commercial property hurricane insurance presents complex challenges that require careful consideration and strategic planning. Business owners must understand critical coverage elements, policy limitations and claim...more

Butler Weihmuller Katz Craig LLP

Governmental Immunity and Your Subrogation Claim in Texas: Navigating the Texas Tort Claim Act

Property insurers are often frustrated when damage occurs due to the actions of others, especially when a governmental agency is at fault. In the Lone Star State, the Texas Tort Claim Act (TTCA) establishes that these...more

JUSTICENTER

How Long Is an Insurance Check Good For?

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If you’ve received a settlement check from an insurance company after a car accident, property damage claim, or injury settlement, you might be wondering: how long is an insurance check good for? While holding onto it for a...more

Wiley Rein LLP

Pre-Policy Email Does Not Constitute a Claim

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The United States District Court for the Southern District of California, applying California law, has held that an email issued to an insured homeowners association (“HOA”) before the inception of the relevant claims-made...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

Zelle  LLP

Invoking ‘Our Option’ and Preferred Contractor Network Endorsements

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Increasing abuses in the claims process have caused insurance companies to rethink the traditional model of sending out cash to pay claims. Far too often, that cash is used for purposes other than fixing damage, with a...more

Carlton Fields

Florida District Court Orders New Trial After Jury Allowed to Hear Evidence on Claim Handling in Insurance Breach of Contract...

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In Universal Prop & Cas. Ins. Co. v. West Naze, No. 4D2024-0098 (Fla. 4th DCA Jun. 4, 2025), the Florida Fourth District Court of Appeal reaffirmed that an insured cannot introduce evidence of claim handling in a breach of...more

Wiley Rein LLP

Colorado Court of Appeals Permits COVID-19 Coverage Suit to Proceed Based on Health Care Endorsement Coverage

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The Colorado Court of Appeals (Division VI), applying Colorado law, partially affirmed a trial court decision dismissing an action seeking insurance coverage for COVID‑19 related losses. Spectrum Retirement Communities, LLC...more

Rivkin Radler LLP

June 2025 Insurance Update

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We’ve selected five recent insurance decisions for this month’s update. Foreign insurers will be pleased with the Second Circuit’s revamped view of the New York Convention. In finding that the international treaty is...more

Zelle  LLP

Massachusetts Collapse Decision Highlights Importance of Careful Underwriting

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During the underwriting process, carriers should review affirmative coverages not only to ensure consistency with applicable exclusions but also to make sure that the coverages themselves are internally consistent. Failure to...more

J.S. Held

Using Labor Productivity Analysis to Improve Budget Accuracy and Identify Inefficiencies in Emergency Mitigation Services

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In any process where labor is a significant cost driver, understanding productivity is essential. Labor productivity analysis isn’t just a management buzzword; it’s a practical tool that helps emergency mitigation experts...more

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