Thomas Dawson | McDermott Will & Schulte Following the wildfires of recent years, many states west of the Mississippi River have considered (and multiple states have now adopted) legislation to limit the liability of utilities for bodily injury and property damage caused by wildfires that might have been ignited by utility-owned equipment. Most commonly, legislation… Continue reading The Fires Next Time: State Wildfire Liability Limitations for Utilities
Category: Insurance Claims
Mitigation of Damages in Construction Defect Claims: Applying Florida’s Avoidable Consequences Doctrine
Caroline Claire Turtle | Wilson Elser BackgroundA roofer for a sixty-five-townhome community is notified that the homeowners association of the townhome community has filed a claim alleging construction defects and resulting property damage related to the roofer’s scope of work. In the period between completion of the roofing work and the commencement of litigation, evidence… Continue reading Mitigation of Damages in Construction Defect Claims: Applying Florida’s Avoidable Consequences Doctrine
Court Finds Late Notice an Absolute Bar to Coverage in Property Claim
Joshua Tumen and Marissa Cunha | Property Insurance Law Observer In Deja Realty Corp. v. Travelers Indemnity Company of America, 2026 WL 683303 (S.D.N.Y. 2026), the United States District Court for the Southern District of New York granted summary judgment to the insurer, holding that the insured’s year-long delay in providing notice of property damage violated the… Continue reading Court Finds Late Notice an Absolute Bar to Coverage in Property Claim
Court Appointment of an Umpire – Your Guess is as Good as Mine
Advise & Consult One of the most entertaining—and frustrating—aspects of property insurance litigation is trying to predict what a judge will do, there is often far less predictability than lawyers would like. When it comes to umpire selection, judges frequently rely on instinct rather than any clear formula. Sometimes they appoint someone they know and… Continue reading Court Appointment of an Umpire – Your Guess is as Good as Mine
‘Nation’s First’ Smoke Damage Standards Bill Wending Through California Legislature
Insurance Journal A bill to create a statewide framework for handling wildfire smoke damage insurance claims is now making its way through California Legislature. The Smoke Damage Recovery Act, which primary backer Insurance Commissioner Ricardo Lara said stems from the recovery process after the January 2025 Los Angeles wildfires and smoke damage claims, is authored… Continue reading ‘Nation’s First’ Smoke Damage Standards Bill Wending Through California Legislature