Ashley Harris | Property Insurance Coverage Law Blog | December 16, 2018 In Kingshill Hospitality, Inc. v. American Economy Insurance Company,1 the policyholder’s hotel was damaged by a fire. Three days later the policyholder hired a public adjuster to assist in submitting its insurance claim. A dispute arose regarding the amount of loss and the policyholder filed… Continue reading Court Denies Recovery of Public Adjuster Fees in Breach of Contract Action
Tag: Insurance Claims
The Trouble with Releases of Claims in Exchange for Policy Benefits
Christopher Mammel and Tamara Chen-See | Property Insurance Coverage Law Blog | December 6, 2018 As policyholder attorneys, we frequently hear concerns from public adjusters that at the conclusion of a difficult adjusting process with an insurance carrier, a release was demanded in exchange for some agreed payment for the loss.1 Public adjusters cannot advise their… Continue reading The Trouble with Releases of Claims in Exchange for Policy Benefits
Florida Supreme Court Invited to Resolve Assignment-Of-Benefits Controversy
Michael Morehead | Property Insurance Law Observer | December 5, 2018 Introduction At least two Florida appellate courts have directly contradicted each other on an increasingly-important question facing Floridians and the insurance industry. The question is as follows: “Are insurance provisions valid which condition the validity of third-party benefits assignments upon the written consent of… Continue reading Florida Supreme Court Invited to Resolve Assignment-Of-Benefits Controversy
Third Circuit Holds No Coverage for Faulty Workmanship Despite Insured’s Expectations
Brian Margolies | Traub Lieberman Straus & Shrewsberry LLP | November 20, 2018 In its recent decision in Frederick Mut. Ins. Co. v. Hall, 2018 U.S. App. LEXIS 31666 (3d Cir. Nov. 8, 2018), the United States Court of Appeals for the Third Circuit had occasion to consider Pennsylvania’s doctrine of reasonable expectations in the context… Continue reading Third Circuit Holds No Coverage for Faulty Workmanship Despite Insured’s Expectations
Construction Contractors Should Promptly Notify Insurers of a Potentially Covered Claim
Patrick Johnson | Construction Industry Counselor | November 15, 2018 Contractors always should put their insurers on notice of a potentially covered claim as soon as possible. In many states, an insured typically will not be denied coverage for the late notice of a claim if there is no prejudice to the insurer, however, there… Continue reading Construction Contractors Should Promptly Notify Insurers of a Potentially Covered Claim