Joan Cotkin | Litigation Advocates | April 3, 2015 In a decision out of the Superior Court in Delaware, Judge Rocanelli bought a favorite insurance industry argument so extreme, several state legislatures (including Colorado and South Carolina) have passed laws overruling court decisions in their states adopting it. The argument is that the definition of “occurrence”… Continue reading Insurers Argue Damage by Meteor is all that is Covered in a CGL
Tag: insurance claim
Policy Language Aside, Insurer is Obligated to Pay in California
K. Renee Schimkat | Carlton Fields Jorden Burt | March 25, 2015 A California appellate court found that an insurer’s delay in resolving and denying a claim under a commercial property liability insurance policy excused the property owner from satisfying a condition precedent to coverage, namely, repairing the damage at issue in order to recover the… Continue reading Policy Language Aside, Insurer is Obligated to Pay in California
Calculating Actual Cash Value, Part 4: Louisiana
Shane Smith | Property Insurance Coverage Law Blog | January 25, 2015 After attending the 16th Annual Windstorm Insurance Conference in New Orleans this past week along with many of my colleagues, I thought it appropriate to review the calculation of actual cash value in Louisiana. Louisiana courts calculate actual cash value as replacement cost less… Continue reading Calculating Actual Cash Value, Part 4: Louisiana
Paying an Appraisal Award, Without More, May Not Be Enough to Dismiss a Case
Brandee Bower | Property Insurance Coverage Law Blog | January 12, 2015 I represent several churches and I recently read an interesting Texas case regarding the payment of an appraisal award. The case is Church on the Rock North d/b/a The North Church v. Church Mutual Insurance Company.1 Church on the Rock North sued its insurance… Continue reading Paying an Appraisal Award, Without More, May Not Be Enough to Dismiss a Case