News & Analysis as of

Property Insurance Settlement

Rumberger | Kirk

Florida’s Evolving Bad-Faith Landscape: What Claims and Insurance Pros Need to Know

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Bad faith litigation has long posed both legal and reputational risks for insurers operating in Florida. With the enactment in 2023 of House Bill 837—a sweeping tort-reform measure—there are important changes to how insurers...more

Hogan Lovells

Seeing the light: rights of light in the post protocol era and early resolution of disputes

Hogan Lovells on

We were delighted to be joined by our panel of leading rights of light experts, including Paul Tonkin and Jonathan Karas KC - the authors of the rights of light protocol - and Nathasha Bray and Jerome Webb, who were part of...more

Carlton Fields

Florida Appeals Court Decisions Week of March 3 - 7, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Gray TV v. FCC - license, forfeiture, owning top stations in market - Liberty Surplus v. Kaufman - insurance, Fla law, course of construction exclusion, settlement proposal - ...more

White and Williams LLP

New York Court Holds Insurer Can Recover Before Insured Is Made Whole

White and Williams LLP on

In State Farm Fire & Cas. Co. v. Tamagawa, Index No. 510977/2021, 2023 N.Y. Misc. Lexis 5434, the Supreme Court of New York considered whether an insurance carrier can settle its property subrogation lawsuit with the...more

Adams & Reese

Bad Faith on the Bayou

Adams & Reese on

The last few years have brought unprecedented hurricane seasons in the Gulf South, with Louisiana’s coastal communities bearing much of the impact. Those storms brought property damage; that property damage brought insurance...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

Cozen O'Connor

PA Supreme Court Holds General Contractor Overhead and Profit Can be Withheld From ACV Payments

Cozen O'Connor on

On August 18, 2020, the Supreme Court of Pennsylvania held, in a 4-3 decision, that insurer, Truck Insurance Exchange, was entitled to withhold general contractor overhead and profit expenses (“GCOP”)...more

Cozen O'Connor

Pennsylanvia Supremes to Decide Whether Actual Cash Value Includes General Contractor Overhead and Profit

Cozen O'Connor on

Insurance companies may no longer be allowed to rely on clear policy language that expressly excludes general contractor overhead and profit (“GCOP”) from actual cash value payments.  The Pennsylvania Supreme Court recently...more

Butler Weihmuller Katz Craig LLP

Eleventh Circuit Finds Insurer Liable for Medicare Lien Notwithstanding Insurer's Efforts to Satisfy the Lien in Settlement, also...

In a case with far-reaching implications, the Eleventh Circuit Court of Appeals issued an opinion concluding that the Medicare Secondary Payer Act (MSP) permits a private insurance company/PART C Medicare Advantage...more

Carlton Fields

Colorado Takes A Stand Against Unauthorized Settlements

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The “notice-prejudice” rule gives a pass to policyholders who breach the notice or cooperation provisions of their policies, if the breach is found not to have prejudiced the insurer. Sometimes, the late notice does not...more

Pullman & Comley, LLC

Words Have Consequences: Insurer Narrowly Avoids Disclosing the Privileged Contents of Hundreds of Claim Files

Pullman & Comley, LLC on

It’s not news that plaintiffs’ lawyers contrive far-fetched rationales for rummaging through insurer’s records, but a recent case from South Dakota illustrates just how much discovery even flimsy arguments can...more

Proskauer Rose LLP

Insurer’s Liability for Breach of Contract Is Not a Condition Precedent to Insured’s Bad Faith Claim

Proskauer Rose LLP on

A Florida appeals court recently held in Cammarata v. State Farm Florida Insurance Co. that an insured is not required to show that its insurer breached the insurance policy before it can bring a claim for bad faith. Although...more

Carlton Fields

Real Property, Financial Services & Title Insurance Case Law Update

Carlton Fields on

Neutral Evaluation/Sinkhole Litigation: trial court erred in sustaining objection to insurer’s notice of stay to invoke neutral evaluation process in lawsuit for breach of contract and damages for sinkhole losses to property...more

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