Nick Thede | Ball Janik | November 3, 2015 Nevada recently became the latest jurisdiction to protect the interests of policyholders by adopting the so-called Cumis counsel rule. In State Farm Mut. Auto. Ins. Co. v. Hansen (Sept. 24, 2015), the Nevada Supreme Court held that insurers are required to pay for independent counsel for insureds… Continue reading Nevada Joins States Protecting Insureds from Lawyers Serving Two Masters
Tag: insurance claim
Provide Notice (and 10 other tasks) when Pursuing a Construction Claim
Matthew J. DeVries | Burr & Forman LLP | November 4, 2015 When dealing with a construction claim — whether one for construction defects, outstanding payment, or delay damages—an initial hurdle is making sure that proper notice has been given. Generally, you have to make sure that you comply with the contract or insurance provisions by: (1)… Continue reading Provide Notice (and 10 other tasks) when Pursuing a Construction Claim
Florida Court Rejects Claim Replacement Of Undamaged Property Is Necessary For Aesthetic Uniformity
Dick Bennett | Cozen O’Connor | November 10, 2015 Late last week a federal court in Florida tossed a condominium association’s claims that it was entitled to replace undamaged hallway carpeting, wallpaper, baseboards, and woodwork in order to “achieve aesthetic uniformity” with similar hallway components replaced after water damage. In Great Amer. Ins. Co. v.… Continue reading Florida Court Rejects Claim Replacement Of Undamaged Property Is Necessary For Aesthetic Uniformity
Insurance Company Has to Have Reasonable Requests Pursuant to the Policy
Nicole Vinson | Property Insurance Coverage Law Blog | October 31, 2015 When submitting a claim to an insurance company, a policyholder has certain obligations that must be followed. The insurance policy contract lists the obligations. The policy document was written by the insurance company and approved (most of the time) by the insurance regulatory… Continue reading Insurance Company Has to Have Reasonable Requests Pursuant to the Policy
Court Confirms No Duty to Reimburse for Prophylactic Repairs Prior to Actual Collapse
October 23, 2015 In Grebow v. Mercury Insurance Company (No. B261172, filed 10/21/15), a California appeals court held that coverage for collapse in a homeowners policy does not extend to prophylactic repairs undertaken to mitigate damage before actual collapse of the structure. In Grebow, the insureds had a general contractor inspect the rear deck of… Continue reading Court Confirms No Duty to Reimburse for Prophylactic Repairs Prior to Actual Collapse