Advise & Consult, Inc. A recent Third Circuit decision involving Craig Kimmel and Massachusetts Bay Insurance Company offers a cautionary lesson for policyholders, public adjusters, and coverage counsel handling property claims in New Jersey. The dispute shows how replacement cost coverage can narrow quickly when repairs have not been completed and the insured has not… Continue reading When Replacement Cost Coverage Hits an Actual Cash Value Roadblock
Category: Insurance
Avoid a Clash over Cash: The Perks of Defining Actual Cash Value in a Policy
Nicholas Smetzer | Zelle Picture if you will a quiet Texas home. It’s unremarkable, cozy, and most importantly for the purposes of this article, insured. All is well at this humble domicile until disaster strikes in one of the many forms that the Texas climate can unleash. The culprit could be wind, water, or hail;… Continue reading Avoid a Clash over Cash: The Perks of Defining Actual Cash Value in a Policy
Sixth Circuit Enforces First-Party Property Policy’s Flood Exclusion for Flood Damage Caused by Eight Inches of Rain
Roben West | Carlton Fields In Express Jewelry Enterprises Inc. v. National Fire Insurance Company of Hartford, the Sixth Circuit Court of Appeals found that a flood exclusion precluded coverage for property damage following a night of heavy rains. The basement of a jewelry store in Dearborn, Michigan, was inundated with high water after the city experienced… Continue reading Sixth Circuit Enforces First-Party Property Policy’s Flood Exclusion for Flood Damage Caused by Eight Inches of Rain
Court Bars Coverage for Late Notice and Pre-Notice Repairs
Joshua Tumen and Nicole Renna | Property Insurance Law Observer In Global Approach, Inc. v. Scottsdale Insurance Co., 2026 WL 1513430 (S.D. Fla. June 1, 2026), the United States District Court for the Southern District of Florida granted summary judgment to the insurer, holding that the insured’s six-week delay in reporting a water loss – coupled… Continue reading Court Bars Coverage for Late Notice and Pre-Notice Repairs
AI Liability Is No Longer a Future Problem for Risk Managers
Risk & Insurance AI-related incidents rose approximately 50% year over year from 2022 to 2024, and exposure is building across multiple insurance lines, according to WTW’s Willis Research Network. Artificial intelligence has moved from operational experiment to embedded infrastructure across insurance and corporate risk functions, but governance, liability frameworks, and coverage structures have not kept… Continue reading AI Liability Is No Longer a Future Problem for Risk Managers