News & Analysis as of

Property Insurance Contractors

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

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

J.S. Held

Challenges to Cost Modelling for Marine-Related Property Claims

J.S. Held on

Marine facilities have evolved into highly developed, complex, vital infrastructure. What were once collections of docks, pavements, warehouses and guard shacks have become complex cities. Modern ports have rail...more

Cozen O'Connor

Court Denies Developer Insurance Coverage to Repair Defective Construction

Cozen O'Connor on

In Curtis Park Group, LLC v. Allied World Specialty Insurance Company (2024 WL 5194886 (10th Cir. 2024)), the U.S. Court of Appeals for the Tenth Circuit determined that an insured real estate developer could not recover the...more

Rivkin Radler LLP

Can You Be Sued if a Worker is Injured on Your Property?

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It is important to note that if a contractor or worker gets injured on your job, you may be held legally responsible. Springtime not only brings warmer weather, luscious greenery, and colorful flowers to Long Island, but...more

Kennedys

Florida Property Insurance Reform Bill signed by Florida Gov. DeSantis

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Governor DeSantis signed Senate Bill 2D (“SB 2D”), relating to property insurance, and Senate Bill 4D (“SB 4D”), relating to building safety, into law on May 26, 2022. The bill, SB 2D, enacts pro-consumer measures to...more

Cozen O'Connor

Florida Property Insurance Reform Round Three Brings Big Changes

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For the third time since 2019, the Florida Legislature has enacted broad property insurance reforms with the goal of stabilizing the insurance market and curbing litigation filed by unscrupulous contractors....more

Hinshaw & Culbertson - Insights for Insurers

Florida Enacts Significant Reform Impacting Property Insurance Claims

Earlier this month, Florida Governor Ron DeSantis signed into law S.B. 76, enacting significant property insurance claim reform in the State of Florida that becomes effective on July 1, 2021. We summarize some of the...more

Kilpatrick

Limitations on Contractors Advocating for their Client’s Insurance Coverage

Kilpatrick on

A recent case out of the Supreme Court of Iowa (33 Carpenters Construction, Inc. v. State Farm Life and Casualty Company) reminds us that roofing cases related to insured losses bear some additional consideration in advising...more

Cozen O'Connor

New Texas Laws Take Aim at Common Practice in Storm-Related Repairs

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Texas policyholders can no longer cut deals with storm repair contractors to pocket their deductibles for storm repairs.  The Texas Legislature has amended the Texas Insurance Code and Texas Business & Commerce Code,...more

Cadwalader, Wickersham & Taft LLP

Cat Bond Update: Florida Assignment of Benefits

On April 24, 2019, the Florida Legislature passed a bill (the “Act”) to reform the requirements for the assignment of benefits of claims for residential and commercial property insurance. The Act is expected to become law....more

Troutman Pepper Locke

Florida House Passes Assignment of Benefits Legislation

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The Florida House of Representatives recently approved HB 7015 with an 82-20 vote. HB 7015 would make significant changes to state law relating to assignment of benefits (“AOB”) and related legal fees in property insurance...more

Butler Weihmuller Katz Craig LLP

AOB Reform Bill Passes Florida House, Senate Future Uncertain

On January 12, 2018, the Florida House of Representatives passed a bill (HB 7015) that would dramatically affect the way contractors and their lawyers use assignments of benefits (“AOBs”) in first-party property insurance...more

Butler Weihmuller Katz Craig LLP

Handling Assignment of Benefit ("AOB") Claims in the Wake of Hurricanes Irma and Harvey

Hurricanes Irma and Harvey have damaged large areas of Florida, Texas, and Louisiana, as well as brought heavy rain and wind to Georgia, North Carolina, and South Carolina. As insurers handle thousands of property damage...more

Saul Ewing Arnstein & Lehr LLP

New Law in New Jersey Increases Scope of Insurance Fraud to Insurance Certificates

Contractors should be aware of a New Jersey law that could cause them to be found liable for insurance fraud if they provide insurance certificates to owners containing false or misleading information. The new law, which goes...more

Zelle  LLP

Texas Legislature Reins in Public Adjuster Conduct

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Obvious to anyone in the insurance industry, Texas courts are experiencing an explosion of first-party property insurance lawsuits arising from wind and hail related insurance claims. Dozens of lawsuits are filed every day in...more

Carlton Fields

Florida Appellate Court Rejects Bid to Curb Insureds’ Assignments to Contractors

Carlton Fields on

Many property insurance policies contain terms that prohibit assignment, but Florida law has long deemed those terms inoperative once a loss has occurred. E.g., W. Fla. Grocery Co. v. Teutonia Fire Ins. Co., 74 Fla. 220...more

Zelle  LLP

District Court Figures Out What The Hail Is Going On

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Seeing a significant increase in the number of hail damage lawsuits in her courtroom, it appears Judge Jane Boyle of the United States District Court for the Northern District of Texas has figured out "What the Hail is Going...more

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