Shane Smith | Property Insurance Coverage Law Blog | February 22, 2015 Since many attorneys in our firm are litigating numerous Superstorm Sandy claims on behalf of policyholders in New Jersey and New York, this week’s post on calculating actual cash value will focus on these two states. To determine actual cash value, New Jersey courts… Continue reading Calculating Actual Cash Value, Part 5: New Jersey and New York
Category: Insurance Claims
No Diagnosis, No “Damages”: Wisconsin’s Construction Statute of Repose in Asbestos Cases
Gregory N. Heinen | Wisconsin Appellate Law | February 2, 2015 How to apply Wisconsin’s construction statute of repose, Wis. Stat. § 893.89, in asbestos cases has recently been a hot topic dividing trial courts. The statute bars a broad category of claims if they are brought more than 10 years after the date of substantial… Continue reading No Diagnosis, No “Damages”: Wisconsin’s Construction Statute of Repose in Asbestos Cases
If You Post It, Your Opponent Can Probably Discover It
Dick Bennett | Cozen O’Connor’s Property Insurance Law Observer | January 26, 2015 In March we ran a post on how important videos, photographs, and statements on social media sites can be when investigating a property loss. A picture is literally worth a thousand words. Earlier this month, a Florida court explained that such material is… Continue reading If You Post It, Your Opponent Can Probably Discover It
Calculating Actual Cash Value, Part 5: Texas
Shane Smith | Property Insurance Coverage Law Blog | February 8, 2015 Texas courts have defined actual cash value as “repair or replacement costs less depreciation.”1 However, a Texas appellate court noted that actual cash value of property is equivalent to and synonymous with the fair market value of the property.2 Whether labor or overhead and… Continue reading Calculating Actual Cash Value, Part 5: Texas
Florida’s Claims Administration Statute – Use It or Lose Your “Coverage Defense”
John David Dickenson | Cozen O’Connor | January 15, 2015 Any Insurer issuing liability policies in Florida should be aware of the requirement of Florida’s Claims Administration Statute, § 627.426, or risk waiving viable “coverage defenses.” The definition of “coverage defense” under the statute has been the subject of considerable litigation in Florida for many… Continue reading Florida’s Claims Administration Statute – Use It or Lose Your “Coverage Defense”