Aaron F. Jaroff and Stephen G. Foresta | McGuireWoods In several states, an insured that prevails in a coverage dispute against its insurer is entitled to statutory “penalty interest” added to the amount owed by the insurer. A June 8, 2022 decision from the United States District Court for the Western District of Michigan illustrates… Continue reading Recent Michigan Court Ruling Reinforces Importance of Providing Prompt “Proof of Loss”
Category: Insurance
Two Insurers Protected the Insured and Resolved the Coverage Dispute Later
Barry Zalma | Zalma on Insurance When two insurers dispute which is obligated to defend and indemnify the insured in a bodily injury suit, they both paid half of the settlement and agreed to resolve their differences later in a declaratory relief action – an action of absolute good faith. In Old Republic Insurance Company v.… Continue reading Two Insurers Protected the Insured and Resolved the Coverage Dispute Later
Fla. Court Clears Way for Video Recording of Adjuster’s Damage Inspections
William Rabb | Claims Journal Homeowners and public adjusters may now feel a little more emboldened to record an insurance adjuster’s inspection of a home, after a Florida appeals court ruled in favor of the practice last week – the third such ruling in as many years. The 4th District Court of Appeal, in West Palm… Continue reading Fla. Court Clears Way for Video Recording of Adjuster’s Damage Inspections
When an Intentional Act Results in Injury or Damage, it is not an Accident within the Meaning of an Insurance Policy Even When the Insured did not Intend to Cause the Injury or Damage
Gary L. LaHendro | Haight Brown & Bonesteel In Maryam Ghukasian v. Aegis Security Insurance Company (No. B311310, filed April 14, 2022, and certified for publication on May 5, 2022), the Court of Appeal of the State of California, Second Appellate District held that Maryam Ghukasian’s insurer, Aegis Security Insurance Company (“Aegis”), had no duty to defend… Continue reading When an Intentional Act Results in Injury or Damage, it is not an Accident within the Meaning of an Insurance Policy Even When the Insured did not Intend to Cause the Injury or Damage
Summary Judgment for Insurer Reversed Based on Expert Opinion
Tred R. Eyerly | Insurance Law Hawaii After the trial court discounted the insured’s expert witness and granted summary judgment to the insurer, the Florida District Court of Appeal reversed. Morales v. Citizens Prop. Ins. Corp., 2022 Fla. App. LEXIS 1831 (Fla. Ct. App. March 15, 2022). The insureds’ property was allegedly… Continue reading Summary Judgment for Insurer Reversed Based on Expert Opinion