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Filing Insurance Claims After the Texas Winter Storm
Subro Sense - The ABC's of RCV and ACV
K&L Gates Triage: Emergency Preparedness and Response in Long Term Care - Part II
What Money Damages Are Available In A Personal Injury Claim?
No one wants to live in a neighborhood that feels dangerous, where the risks of property damage and personal injury are higher than average. While the area is known for beautiful beaches and celebrity sightings, some areas...more
When the damage is finally assessed, the January 2025 wildfires in Southern California will likely be the costliest blaze in U.S. history, and no doubt real estate will comprise a major component of those assessments....more
The continuing resolution passed by Congress late last week provides for an extension of the National Flood Insurance Program (NFIP) until March 14, 2025. ...more
Hurricane Irma’s landfall in Florida produced an avalanche of property insurance claims throughout the state, the majority of which involved reported damage to roofs. Though many of these claims were legitimate, enterprising...more
The last week of September, 2022, the State of Florida braced for what was categorized to be one of the worst storms to make landfall in U.S. history. Initially, all weather channels displayed the storm’s trajectory...more
A district court in Montana recently applied an anti-concurrent clause in a property insurance policy to preclude coverage based on an earth movement exclusion. In Ward v. Safeco Ins. Co. of Amer., No. 1:19-CV-0133-SPW, 2021...more
This year, forecasters at the National Oceanic and Atmospheric Administration correctly predicted another above-average Atlantic hurricane season, which runs June 1 through November 30. With Hurricane Ida leaving devastation...more
When Texas froze in February, I learned a couple of things: i) snow storms have names, and ii) people in my neighborhood aren’t great at covering plants. Those poor sago palms never had a chance....more
In Jowite Limited Partnership v. Federal Insurance Company, the United States District Court for the District of Maryland issued a rare opinion addressing whether “collapse” is a covered “ensuing loss” under an all-risks...more
On July 29, 2020, the Eleventh Circuit Court of Appeals issued its opinion in Southern Owners Ins. Co. v. MAC Contractors, of Fla., LLC, --- Fed. Appx. ---, 2020 WL 4345199 (11th Cir. July 29, 2020). While claiming to follow...more
In opposing a motion to compel arbitration, Nueces County made two procedural arguments: first, that the carrier waived its right to arbitrate by virtue of the policy’s service-of-suit clause....more
The standard ISO homeowners insurance policy contains an exclusion for damage caused by water which backs up through sewers or drains. While this appears to be an unambiguous exclusion, using twisted logic, the Third...more
This action involves plaintiff Living Steward Properties’ insurance claim for property damage caused by Hurricane Harvey. The insurer defendants moved to compel arbitration of the plaintiff’s claims that the insurer...more
On the afternoon of Monday, May 4, 2020, the Five Mile Swamp fire broke out during a permitted, prescribed 240-acre burn in the Pensacola Bay Mitigation Bank located near Milton, Santa Rosa County, Fla. ...more
In Knickerbocker Village Inc. v. Lexington Insurance Co., New York’s Appellate Division, First Judicial Department, dictated a clear rule for single-insured cases regarding the discovery of an insurer’s treatment of insurance...more
As part of legislation to fund various federal government agencies after December 20, 2019, the House of Representatives and Senate agreed to extend the National Flood Insurance Program (NFIP) until September 30, 2020....more
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
A year ago, we wrote about a rapidly emerging area of insurance litigation in Connecticut: crumbling foundations. As a quick recap, tens of thousands of homes in northeastern Connecticut built over a span of more than 30...more
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
I am willing to go out on a limb and say that if asked whether an animal, say, a raccoon, is capable of committing malicious criminal acts, most humans would agree that the issue is beyond dispute. But, alas, most humans...more
Those familiar with first party insurance policies have undoubtedly encountered a recurring issue with the interpretation of appraisal provisions – what does it mean to disagree on the amount of loss? ...more
Are we overly cautious when dealing with Japanese knotweed? Are other countries more proportionate in their approach? And do we need a new risk assessment to better reflect the situation on the ground? Read on to find out...more
Appraisers are frequently involved in Florida property claims. Accordingly, Florida courts continue to refine the roles and limitations with respect to appraisers and the appraisal process as a whole. ...more
The plaintiff sought coverage for property loss due to Hurricane Irma, and the defendant successfully moved to compel arbitration. The plaintiff opposed arbitration, arguing that the subject policy was unsigned and thus did...more
A property insurer, having paid for covered damage, can recover the loss by seeking reimbursement from its insured where the insured has recovered funds from a responsible third-party, or the insurer may pursue a claim...more