Category: Insurance

California Courts Continue to Grapple with What Constitutes Wildfire “Direct Physical Loss or Damage”

Robyn Anderson, Nancy Sher Cohen and Michael Gonzales | Lathrom GPM Overview of Issues In Gharibian et al., v. Wawanesa General Insurance Company, the California Second District Court of Appeal found that, under California law, the insureds failed to prove smoke, soot, ash and fire debris on covered property constituted “direct physical loss to property” as… Continue reading California Courts Continue to Grapple with What Constitutes Wildfire “Direct Physical Loss or Damage”

Construction Projects and Subrogation: Timing is Everything

Melissa Kenney | White and Williams In American Fam. Ins. Co. v. NB Elec., Inc., No. A24-0377, 2025 Minn. App. LEXIS 12, the Court of Appeals of Minnesota (Court of Appeals) considered whether an insurer’s subrogation action was time barred under Minnesota’s two-year statute of limitations period. At issue was whether the statute of limitations began to… Continue reading Construction Projects and Subrogation: Timing is Everything

Homeowners Have Post-Loss Duties Too, Florida Appeals Court Says in HCI Win

William Rabb | Insurance Journal Florida insurers, often on the receiving end of insureds’ complaints – in the courts and in the news media – may take heart from a new ruling by a Florida appeals court, which draws a bold line under insureds’ responsibilities after a loss. The 1st District Court of Appeals on… Continue reading Homeowners Have Post-Loss Duties Too, Florida Appeals Court Says in HCI Win

Balancing Discovery and Protecting the Attorney-Client Privilege In the Insurance Coverage Context

Meredith Schilling | Zelle A recent case out of Colorado highlights the continued attack on the attorney-client privilege during the claim adjustment process. In In re: Hill Hotel Owner, LLC v. Hanover Insurance Company, 557 P.3d 798 (Colo. Oct. 29, 2024), the District Court issued an order requiring the insurer defendant to turn over all communications between… Continue reading Balancing Discovery and Protecting the Attorney-Client Privilege In the Insurance Coverage Context