Robert Trautmann | Property Insurance Coverage Law Blog | November 21, 2017 Up next in the state-by-state claims handling tour is the Centennial State – Colorado. Colorado property owners have been devastated by massive hail storms over the last several years so it is very important that policyholders and their representatives are aware of the claim handling… Continue reading Claims Handling Requirements by State – Colorado
Tag: Insurance Claims
Overhead and Profit Should be Included with Payments Made on Actual Cash Value Basis
Jonathan Bukowski | Property Insurance Coverage Law Blog | November 15, 2017 While many carriers continue their attempt to exclude overhead and profit from property damage claim payments made on an actual cash value basis, the majority approach across the United States has been to include general contractor overhead and profit in actual cash value… Continue reading Overhead and Profit Should be Included with Payments Made on Actual Cash Value Basis
Post-loss Assignment of Claims in California
Lawrence Moon | Property Insurance Coverage Law Blog | November 17, 2017 In a prior blog, I discussed the California Supreme Court’s decision in Fluor Corporation v. Superior Court,1 regarding the post-loss assignment of insurance benefits. In Fluor, the California Supreme Court held that section 520 of California’s Insurance Code prohibits insurance companies from refusing to honor post-loss… Continue reading Post-loss Assignment of Claims in California
Bad Faith Claim Handling – How to Avoid it Without Simply Paying All Insurance Claims
A. David Fawal | Butler Snow | November 7, 2017 “Bad faith” – just the sound of it can bring fear to even the most experienced claim adjuster. And for good reason. In many states, an allegation of bad faith in claim handling or a claim decision can bring with it the threat of punitive… Continue reading Bad Faith Claim Handling – How to Avoid it Without Simply Paying All Insurance Claims
Ignore Broader Claim Constructions at Your Own Risk
Raghav Bajaj | Haynes and Boone LLP | October 23, 2017 In Owens Corning v. Fast Felt Corp., No. 2016-2613, 2017 U.S. App. LEXIS 19827 (Fed. Cir. October 11, 2017), the Federal Circuit reversed the Patent Trial and Appeal Board’s (PTAB) final written decision in IPR2015-00650. While the PTAB found that the petitioner had failed to… Continue reading Ignore Broader Claim Constructions at Your Own Risk