Ashley Smith – October 6, 2013 While the appraisal procedure is commonly used in property insurance claims, the proper scope of appraisal is often contested. Courts across the country generally agree that coverage determinations are reserved only to the courts. However, courts are divided on whether determinations of causation should be considered by the appraisal… Continue reading The Scope of Appraisal: Does It Include Causation?
Category: Insurance Claims
Bad-Faith Claims
Geoffrey J. Greeves and Victoria N. Lynch – September 25, 2013 New York continues to face significant challenges in recovering from the extensive losses caused by Superstorm Sandy. The storm caused unprecedented damage to coastal areas, tidal surges that inundated Lower Manhattan, severe flood damage to airports, subways, and tunnels, and damage to electrical systems… Continue reading Bad-Faith Claims
What Constitutes a Total Loss in Colorado?
Kenneth Kan – September 25, 2013 Colorado has been in the news for recent massive flooding that has ravaged many communities in the beautiful state. By some estimates, over 20,000 homes have been damaged or destroyed. I have clients who live in one of the flood affected areas, but thankfully they are okay and their… Continue reading What Constitutes a Total Loss in Colorado?
The Nuts and Bolts of the Texas Statute of Limitations on Insurance Claims
Nyanza Moore – September 24, 2013 There are few things more worrisome then running out of time to sue. So, I’ve come up with a short form for determining if you still have time or if the clock has already run out on your rights. There are a few rules to think about when filing… Continue reading The Nuts and Bolts of the Texas Statute of Limitations on Insurance Claims
California Supreme Court Holds Insurers are Subject to Unfair Competition Claims in Zhang Case
James M. Burns – September 10,2013 On August 1, the California Supreme Court issued its highly-anticipated decision in Zhang v. Superior Court, holding that the California Unfair Insurance Practices Act (Ins. Code §790 et seq.) does not necessarily preempt an action against an insurer under the California Unfair Competition Law (Bus. & Prof. Code §17200… Continue reading California Supreme Court Holds Insurers are Subject to Unfair Competition Claims in Zhang Case