Kathleen A. Nelson and Jonathan R. Missen | Lewis Brisbois Bisgaard & Smith The law in the State of Washington, albeit clear on issues regarding first party claimants, was recently challenged in the matter of Eye Associates Northwest, P.C. v. Sedgwick et. al. However, despite this challenge of first impression, the court limited the application of… Continue reading Washington Trial Court Narrows Definition of First Party Claimant, Clarifies Available Causes of Action in Commercial Property Loss Context
Tag: First Party Claims
Restriction on the Use of Failure to Cooperate Defense in First-Party Claims
Dave McLain | Colorado Construction Litigation On February 7th, Representative Garnett, with Senator Fenberg as the Senate sponsor, introduced HB 20-1290, concerning the ability of an insurer to use a failure-to-cooperate defense in an action in which the insured has made a claim for insurance coverage. If the bill were to pass, in order to plead or… Continue reading Restriction on the Use of Failure to Cooperate Defense in First-Party Claims
Paying Overhead and Profit in First-Party Claims
Gary Wickert | Claims Journal | October 31, 2019 Standard homeowner policies pay personal property claims at actual cash value (ACV), which is the replacement cost (RC) of the damaged property based on its current used condition. In other words, it is valued at what it would cost to replace the property at today’s cost… Continue reading Paying Overhead and Profit in First-Party Claims
Texas Supreme Court Rules on Discoverability of an Insurer’s Attorney’s Fee Bills
Karl A. Schulz | Property Insurance Law Observer | June 13, 2017 Are an insurer’s attorney’s fee bills discoverable in first party claims? In In re Nat’l Lloyds Ins. Co., 2017 Tex. LEXIS 522 (Tex. 2017), the Texas Supreme Court considered this question in a hail MDL dispute and answered “No” in a lengthy opinion. The… Continue reading Texas Supreme Court Rules on Discoverability of an Insurer’s Attorney’s Fee Bills
Minnesota First-Party Claims: Recovering Consequential Damages in Addition to Policy Benefits when an Insurer Declines or Unreasonably Delays Payment.
Greg Johnson, Esq. | G. Johnson Law PLLC | June 1, 2016 Sometimes an unpublished appellate decision contains some important rulings. In Swanny of Hugo, Inc. v. Integrity Mutual Ins. Co., 2015 WL 9437571 (Minn. Ct. App. 2015), the Minnesota Court of Appeals addressed the issue of whether an insured may recover consequential damages in… Continue reading Minnesota First-Party Claims: Recovering Consequential Damages in Addition to Policy Benefits when an Insurer Declines or Unreasonably Delays Payment.