Post-Menchaca: Is the Independent Injury Rule Dead or Alive?

Kay Morgan | Property Insurance Coverage Law Blog | June 17, 2018 Having undertaken to write about “all things Menchaca,” this month is a review of five cases post-Menchaca which contradict one another in deciding whether the independent injury rule is dead or alive. Looking at the first set of cases post-Menchaca, it appears that the answer… Continue reading Post-Menchaca: Is the Independent Injury Rule Dead or Alive?

Texas Insurance Appraisal: Who is Grading Insurance Company Papers and the Policies They Sell?

Emily Marlowe | Property Insurance Coverage Law Blog | June 19, 2018 It is no secret that there are problems with the appraisal process. The ever-growing issues with appraisal include, but certainly are not limited to, exorbitant expenses pushed onto policyholders and insurance companies, gamesmanship, and the never-ending questions of: When is appraisal appropriate What… Continue reading Texas Insurance Appraisal: Who is Grading Insurance Company Papers and the Policies They Sell?

When Is a Demand for Appraisal Too Late?

J. Ryan Fowler | Property Insurance Coverage Law Blog | May 8, 2018 I often hear from insureds that have been negotiating with their insurance company for a period of time when the insurer suddenly demands appraisal. The insureds do not want to go to appraisal and the first question is always, “Can the insurance… Continue reading When Is a Demand for Appraisal Too Late?

The Proper Standard for Evaluating “Actual Cash Value” Under New Jersey Law

Jennifer Van Voorhis | Property Insurance Coverage Law Blog | April 12, 2018 One of the most common questions we hear from our clients has to do with the differences between “actual cash value” and “replacement cost value.” Replacement cost value on its face seems relatively straight forward, but what is “Actual Cash Value” determined… Continue reading The Proper Standard for Evaluating “Actual Cash Value” Under New Jersey Law

“Like Kind and Quality” Is an Appraisable Issue

Christina Phillips | Property Insurance Coverage Law Blog | December 3, 2017 Following a loss, the issue of replacement with “like kind and quality” often arises whether it be with the replacement of personal property or building materials. The phrase “like kind and quality” is typically not defined in an insurance policy, so whether construction… Continue reading “Like Kind and Quality” Is an Appraisable Issue