Court Holds Documents Created by Counsel During Claims Handling Were Not Privileged

Jason Cieri | Property Insurance Coverage Law Blog | October 16, 2019 We’ve all seen it before. The insured files a claim, the insurance company sends out an adjuster to adjust the loss, the loss is more complex, or a situation arises that the adjuster cannot handle so the insurance company forwards the claim to… Continue reading Court Holds Documents Created by Counsel During Claims Handling Were Not Privileged

Are My Children and Their Spouses Required to Submit to an Examination Under Oath for My Property Damage Claim?

Paul LaSalle | Property Insurance Coverage Law Blog | October 13, 2019 In a recent case, a federal appeals court held that named insureds’ son and daughter-in-law were required to submit to an examination under oath (“EUO”) because they resided in the insureds’ house, and that their failure to do so precluded recovery on the… Continue reading Are My Children and Their Spouses Required to Submit to an Examination Under Oath for My Property Damage Claim?

Adjusting to Public Adjusters: Avoiding Claim Denials

Gene A. Weisberg | Gladstone Weisberg | September 25, 2019 Innocent policyholders can find their claims denied if their public adjuster commits fraud on a claim. Courts routinely hold that a public adjuster’s fraud is the policyholder’s fraud, even when done without the policyholder’s knowledge. When a public adjuster or lawyer takes over the claim… Continue reading Adjusting to Public Adjusters: Avoiding Claim Denials

PA Superior Court Provides Clarification on Definition of CGL “Occurrence” When Property Damage Is Caused by Faulty Building Conditions

Anthony L. Miscioscia and Konrad R. Krebs | White and Williams | July 25, 2019 The standard for an “occurrence” under a commercial general liability (CGL) insurance policy has been addressed on several occasions by Pennsylvania courts when an insured has allegedly performed faulty workmanship on a construction project. Specifically, in Pennsylvania, a claim for… Continue reading PA Superior Court Provides Clarification on Definition of CGL “Occurrence” When Property Damage Is Caused by Faulty Building Conditions

Now That Insurers Can’t Legally Enforce Their $5,000 Wildfire Smoke Damage Caps, What Have They Done To Make Up For Their Unanticipated Losses?

Daniel Verhoff | Property Insurance Coverage Law Blog | September 12, 2019 Many insurance companies thought they would have to pay no more than $5,000 for each California wildfire claim but are ending up paying hundreds of thousands if not millions. These companies sought to reduce their exposure to wildfire losses by capping their liability for wildfire… Continue reading Now That Insurers Can’t Legally Enforce Their $5,000 Wildfire Smoke Damage Caps, What Have They Done To Make Up For Their Unanticipated Losses?