Kevin Pollack | Property Insurance Coverage Law Blog | May 1, 2017 A recent class action lawsuit filed in Pennsylvania1 raised an issue that policyholder advocates and public adjusters see all over the country – insurers that try to exclude overhead and profit from property damage claim payments made on an actual cash value basis.… Continue reading Are Insurers Required to Pay Overhead and Profit for Payments Made on Actual Cash Value Basis?
Tag: Insurance Claims
Keep Your Friends Close and Your Enemies Closer: Assigning Your Bad Faith Claim in Bet the Company Litigation
Joshua B. Rosenberg | The National Law Review | April 24, 2017 Commercial general liability (CGL) insurance policies are popular in the marketplace, as they protect policyholders of every stripe from the ever-present risk of liability for bodily injury and property damage. Of at least equal importance is the insurance company’s duty to defend the… Continue reading Keep Your Friends Close and Your Enemies Closer: Assigning Your Bad Faith Claim in Bet the Company Litigation
New York Court Upholds Suit Limitation Period, Ruling Appraisal is Not a Condition Precedent to Filing Suit
Heidi Hudson Raschke | PropertyCasualtyFocus | April 21, 2017 Courts will generally uphold reasonable suit limitation periods in property insurance policies, if the insurer does not affirmatively waive or extend them. In MZM Real Estate Corp. v. Tower Ins. Co. of New York, No. 452741/2015 (N.Y. Sup. Ct. April 11, 2017), a New York court… Continue reading New York Court Upholds Suit Limitation Period, Ruling Appraisal is Not a Condition Precedent to Filing Suit
Faulty House Inspection did not Cause Property Damage 11th Cir, Florida
Jody Nathan | Reinsurance Law Blog | April 19, 2017 In Auto-Owners Insurance Co. v. Ralph Gage Contracting Inc., the Kjellanders sued Gage after he inspected a house they wanted to buy and gave it a positive report. The Kjellanders claimed the house had mold and a bad HVAC system, and they wouldn’t have bought… Continue reading Faulty House Inspection did not Cause Property Damage 11th Cir, Florida
Undisputed Amounts of a Loss Should Be Promptly Paid
Chip Merlin | Property Insurance Coverage Law Blog | April 11, 2017 Undisputed amounts of loss were discussed at the ABA property insurance law subcommittee last week. I have never met an insurance adjuster who said his company refused to pay undisputed amounts of loss when coverage was admitted. But, I have had insurance defense… Continue reading Undisputed Amounts of a Loss Should Be Promptly Paid