Tiffany Bustamante | Property Insurance Law Observer In a recent decision by the U.S. District Court for the Middle District of Florida, Wood v. GeoVera Specialty Insurance Company (2024 WL 3952571), the court affirmed that unambiguous policy limits remain enforceable even when an appraisal award exceeds those limits. This decision provides valuable guidance for insurers handling post-catastrophe claims.… Continue reading When the Appraisal Says One Thing, But the Policy Says Another: A Florida Insurance Case Study
Category: Insurance
Actual Loss Under A Title Insurance Policy Is Calculated Based On The “Highest And Best Use” Of The Insured Real Property
John L. Hosack and Jason E. Goldstein | Buchalter In a victory for all insureds who have title insurance policies, and possibly a victory for insureds under other real property related insurance policies, the California Court of Appeal in Tait v. Commonwealth Land Title Insurance Company (2024) 103 Cal.App.5th 271, 277 (rev. denied, 10/2/24), held that an insured’s actual… Continue reading Actual Loss Under A Title Insurance Policy Is Calculated Based On The “Highest And Best Use” Of The Insured Real Property
Policy’s One Year Suit Limitation Does Not Apply to Challenging the Insurer’s Claims Handling
Tred R. Eyerly | Insurance Law Hawaii The California Supreme Court held that the policy’s suit limitation of one year, consistent with the statute requiring suit be file within twelve months after a loss, did not apply to claims alleging violation of the state’s unfair competition law (UCL). Rosenberg-Wohl v. State Farm Fire and… Continue reading Policy’s One Year Suit Limitation Does Not Apply to Challenging the Insurer’s Claims Handling
At a Glance: Construction Contracts and Insurance in USA
Denis Serkin, Jerry P. Brodsky and Michael S. Zicherman | Peckar & Abramson Contracts and insurance Construction contracts What standard contract forms are used for construction and design? Must the language of the contract be the local language? Are there restrictions on choice of law and the venue for dispute resolution? Many different form contracts… Continue reading At a Glance: Construction Contracts and Insurance in USA
Not a Waiver For All: Maryland Declines to Apply Subrogation Waiver to Subcontractors
Gus Sara | The Subrogation Strategist In Lithko Contr., LLC v. XL Ins. Am. Inc., No. 31, Sept. Term, 2023, 2024 Md. LEXIS 256, the Supreme Court of Maryland considered whether a tenant who contracted for the construction of a large warehouse facility waived its insurer’s rights to subrogation against subcontractors when it agreed to waive… Continue reading Not a Waiver For All: Maryland Declines to Apply Subrogation Waiver to Subcontractors