Kevin Pollack | Property Insurance Coverage Law Blog | May 1, 2017 A recent class action lawsuit filed in Pennsylvania1 raised an issue that policyholder advocates and public adjusters see all over the country – insurers that try to exclude overhead and profit from property damage claim payments made on an actual cash value basis.… Continue reading Are Insurers Required to Pay Overhead and Profit for Payments Made on Actual Cash Value Basis?
Category: Property Damage
New York Court Upholds Suit Limitation Period, Ruling Appraisal is Not a Condition Precedent to Filing Suit
Heidi Hudson Raschke | PropertyCasualtyFocus | April 21, 2017 Courts will generally uphold reasonable suit limitation periods in property insurance policies, if the insurer does not affirmatively waive or extend them. In MZM Real Estate Corp. v. Tower Ins. Co. of New York, No. 452741/2015 (N.Y. Sup. Ct. April 11, 2017), a New York court… Continue reading New York Court Upholds Suit Limitation Period, Ruling Appraisal is Not a Condition Precedent to Filing Suit
Colorado Court Enforces Statute that Presumes Faulty Workmanship Constitutes an Occurrence
Matthew D. Stockwell | Pillsbury Winthrop Shaw Pittman LLP | March 21, 2017 Is damage resulting from faulty workmanship covered under your CGL policy? In the past, insurers have had success in certain jurisdictions arguing that construction defect cases did not constitute a covered “occurrence” because the damage was purportedly not unintended or unexpected. In… Continue reading Colorado Court Enforces Statute that Presumes Faulty Workmanship Constitutes an Occurrence
New Report Gives Insight into Increased Fire Claim Figures
Nicole Vinson | Property Insurance Coverage Law Blog | March 22, 2017 One of the most terrifying and devastating perils insured against is fire. A wildfire outbreak is one news alert that can have a massive impact on our property and lives. A new research study has exposed some of the data on the insurance… Continue reading New Report Gives Insight into Increased Fire Claim Figures
Insureds Cannot Shift Burden to Indentify Claimed Damage
Summer L. Frederick | Zelle LLP | March 17, 2017 The first-party insurance claims process has always been pretty simple for the typical insured: call the agent to report a claim, identify and quantify the claimed damage, work cooperatively with the insurance adjuster to support the claimed damage, and hire contractors to repair the damage.… Continue reading Insureds Cannot Shift Burden to Indentify Claimed Damage