Invoking alternatives to litigation in disputes over property catastrophe losses. Litigating catastrophe claims can be costly. Recently, the Committee of Magistrate Judges appointed in the In Re Hurricane Sandy litigation in the Eastern District of New York commented that they were alarmed by one defense attorney’s prediction that the defense of roughly 1,200 flood cases… Continue reading In Praise of Appraisal
Tag: Insurance Claims
The Importance of Flood Insurance for Property Damage Claims
October 19, 2015 Preliminary estimates of the damages due to the heavy flooding in South Carolina are believed to be over $1 billion. Unfortunately, many residential and commercial property owners in the impacted areas did not have flood insurance. In fact, some experts have put the number of people with flood insurance and damaged properties… Continue reading The Importance of Flood Insurance for Property Damage Claims
Defective Construction Can Be a Covered Occurrence in New Jersey – the End of Weedo?
Caroline W. Spangenberg and Edmund M. Kneisel | Kilpatrick Townsend | July 23, 2015 Perhaps no case has generated as many citations and commentary (more than 1,880 citations, including 440 cases) on the subject of liability coverage for “construction defects” as Weedo v. Stone-E-Brick, Inc., 81 N.J. 233, 405 A.2d 788 (1979). For more than… Continue reading Defective Construction Can Be a Covered Occurrence in New Jersey – the End of Weedo?
The Ethics of Using Public Adjusters as Expert Witnesses
Todd Tippett | Zelle Hofmann Voelbel & Mason LLP | September 25, 2015 Those familiar with the issues faced by insurers in Texas first-party insurance claims, particularly in the realm of hail damage claims, are undoubtedly aware of what has been labeled the “Progressive Claim Syndrome.” In a nutshell, the Progressive Claim Syndrome is the… Continue reading The Ethics of Using Public Adjusters as Expert Witnesses
Construction Defect Notice Under Right to Repair Statute
Advise & Consult, Inc. | September 9, 2015 Construction defect notices under Chapter 558 of the Florida “notice and repair’ statute, “does not constitute a ‘civil proceeding’” and thus “is not a ‘suit’” triggering an insurer’s duty to defend as ruled on in Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., No. 13–80831–CIV, 2015… Continue reading Construction Defect Notice Under Right to Repair Statute