Dr. Ken Broda-Bahm | Holland & Hart The idea is a merger of pop culture with academics. In pop culture, “truthiness” refers facetiously to the feeling of something being true, independent of its actual truth value (a term coined by late-night comedian, Stephen Colbert). Academics, however, have creatively adopted the term to describe the real phenomenon that… Continue reading Witnesses, Add to Your ‘Truthiness’ by Showing Pictures
Category: Property Insurance Claims
Florida Senate Passes Legislation to Reform Litigation for Property Insurance Claims
Matthew Lewis | PropertyCasualtyFocus Toward the end of the 2021 Florida legislative session, the Florida Senate passed Senate Bill 76, a bill that focuses on reducing litigation related to property insurance claims and also places restrictions on companies soliciting insureds to file roof claims. At the heart of SB 76 is the implementation of a presuit… Continue reading Florida Senate Passes Legislation to Reform Litigation for Property Insurance Claims
No Coverage for Home Damaged by Falling Boulders
Tred R. Eyerly | Insurance Law Hawaii The policy’s earth movement exclusion barred coverage for the home damaged by large boulders rolling down from the hillside above. Sullivan v. Nationwide Affinity Ins. Co. of Am., 2021 U.S. App. LEZXIS 628 (10th Cir Jan. 11, 2021). Plaintiffs’ home sustained extensive damage when two… Continue reading No Coverage for Home Damaged by Falling Boulders
Snapshot: Insurance Claims and Coverage in USA
Marion Leydier, Mark F. Rosenberg and William D. Torchiana | Sullivan & Cromwell Insurance claims and coverage Third-party actions Can a third party bring a direct action against an insurer for coverage? As a general rule, such direct actions are not permitted in most states absent an unsatisfied judgment against the insured. A few states… Continue reading Snapshot: Insurance Claims and Coverage in USA
Florida Supreme Court Defines Damages Recoverable by First-Party Insureds in Actions Alleging Breach of Policy
Jeffrey Michael Cohen | PropertyCasualtyFocus In Citizens Property Insurance Corp. v. Manor House, LLC, the Florida Supreme Court recently answered “no” to the following question certified as a matter of “great public importance”: In a first-party breach of insurance contract action brought by an insured against its insurer, not involving suit under section 624.155, Florida Statutes,… Continue reading Florida Supreme Court Defines Damages Recoverable by First-Party Insureds in Actions Alleging Breach of Policy