When Does a Claim Become a “Claim”? A Lesson on Timely Notice

Matthew J. Revis and Patrick M. McDermott | Hunton Andrews Kurth On March 20, 2023, the Southern District of New York denied a policyholder’s claim for coverage and granted the insurer’s motion for judgment on the pleadings in Pine Management, Inc. v. Colony Insurance Company. The parties disputed whether a real estate liability insurance policy provided defense and… Continue reading When Does a Claim Become a “Claim”? A Lesson on Timely Notice

Insurers Slashed Hurricane Ian Payouts Far Below Damage Estimates, Documents and Insiders Reveal

Brianna Sacks | Washington Post A Washington Post investigation has found that some policyholders had their claims cut by more than 80 percent When insurance adjuster Jordan Lee entered the cream-colored house battered by Hurricane Ian, the smell from the rain-soaked carpet made it hard to breathe. Piles of pink insulation covered the worn, white… Continue reading Insurers Slashed Hurricane Ian Payouts Far Below Damage Estimates, Documents and Insiders Reveal

Florida Appellate Court Holds that Deadline to Report Claims Does Not Nullify Prompt Notice Provision

Evan Holober and Chad Pasternack | Cozen O’Connor Florida’s Third District Court of Appeal recently affirmed a summary judgment entered in favor of a property insurer, holding that there is no conflict between the policy’s three year limitation for reporting hurricane claims and the requirement that the insured give prompt notice. In Navarro v. Citizens Property… Continue reading Florida Appellate Court Holds that Deadline to Report Claims Does Not Nullify Prompt Notice Provision

Claim for Collapse After Demolition of Building Fails

Tred R. Eyerly | Insurance Law Hawaii     After several city citations and the eventual demolition of the insureds’ apartment building, their claim for coverage based on collapse was unsuccessful. Barker v. AmGuard Ins. Co., 2022 U.S. Dist. LEXIS 202069 (W.D. Mo. Nov. 7, 2022).     The plaintiffs purchased a three-story multi-family apartment building… Continue reading Claim for Collapse After Demolition of Building Fails

Payment Bond Surety Entitled to Award of Attorneys’ Fees Although Defended by Principal

Garret Murai | California Construction Law Blog For contractors involved in California public works projects the scenario is not uncommon: The general contractor awarded the public works project is required to obtain a payment bond for the benefit of subcontractors and suppliers and the payment bond surety issuing the payment bond requires the general contractor… Continue reading Payment Bond Surety Entitled to Award of Attorneys’ Fees Although Defended by Principal