Kesha Hodge | Property Insurance Coverage Law Blog | April 15, 2018 Replacement cost insurance generally allows recovery for the actual value of property at the time of loss, without deduction for deterioration, obsolescence, and similar depreciation of the property’s value. Depending on the circumstances, the difference between the actual cash value and the replacement… Continue reading Replacement is Not Always a Prerequisite for an Insured to Claim Replacement Cost Benefits
Category: Insurance Claims
Why Insurers and Their Attorneys Need to Pay Close Attention to Their Discovery Burden in Washington
Neal Philip | Insurance Coverage Law Blog | March 14, 2018 As previously reported in this blog, Washington case law generally affords insureds a broad right to the discovery of claim file materials, including information that should be protected from disclosure by attorney/client privilege or the work product doctrine. Cedell v. Farmers Ins. Co. of Washington,… Continue reading Why Insurers and Their Attorneys Need to Pay Close Attention to Their Discovery Burden in Washington
Jury Instruction That Fails to Utilize Concurrent Cause for Property Loss is Erroneous
Tred R. Eyerly | Insurance Law Hawaii | March 19, 2018 The Florida District Court reversed erroneous jury instructions that adopted the efficient proximate cause doctrine in determining whether the insurer was responsible for the insureds’ collapsed roof. Jones v. Federated National Ins. Co., 2018 Fla. App. LEXIS 561 (Fla. Ct. App. Jan. 17, 2018). The… Continue reading Jury Instruction That Fails to Utilize Concurrent Cause for Property Loss is Erroneous
CA Supreme Court Set to Rule on Important Occurrence Issue Certified by Ninth Circuit
William S. Bennett | Saxe Doernberger & Vita PC | March 9, 2018 The California Supreme Court recently heard oral arguments over whether an insurer is required to cover allegations that a builder negligently failed to supervise an employee who sexually assaulted a middle school student while working at the student’s school. The question was… Continue reading CA Supreme Court Set to Rule on Important Occurrence Issue Certified by Ninth Circuit
Claims Handling Requirements by State – Georgia
Robert Trautman | Property Insurance Coverage Law Blog | March 7, 2018 Steaming ahead on our 50-State claims handling tour, we now pull in to the Peach State – Georgia. Insurance carriers operating in Georgia are subject to both the Unfair Claims Settlement Practices Act1 and regulations that set forth the guidelines they must follow. An insurer in… Continue reading Claims Handling Requirements by State – Georgia