John David Dickenson | Cozen O’Connor | January 15, 2015 Any Insurer issuing liability policies in Florida should be aware of the requirement of Florida’s Claims Administration Statute, § 627.426, or risk waiving viable “coverage defenses.” The definition of “coverage defense” under the statute has been the subject of considerable litigation in Florida for many… Continue reading Florida’s Claims Administration Statute – Use It or Lose Your “Coverage Defense”
Tag: Insurance Claims
Water Damage Occurring Over Several Year Period Can Be “Occurrence” Covered Under Insurance Policy–Part 3
Shawn Marker | Property Insurance Coverage Law Blog | February 2, 2015 As a follow up to my two earlier posts on this topic, Water Damage Occurring Over Several Year Period Can Be “Occurrence” Covered Under Insurance Policy—Parts 1 and 2, Chubb had filed a motion for rehearing with the 7th Circuit Court of Appeals that had… Continue reading Water Damage Occurring Over Several Year Period Can Be “Occurrence” Covered Under Insurance Policy–Part 3
Depreciation of Labor When Calculating Actual Cash Value: The Great Divide
Whether labor costs can be depreciated when determining the actual cash value of a covered loss is an issue that comes up frequently for policyholders and those who represent them. I recently researched the issue and was surprised to find the paucity of case decisions across the country that touch on the subject. I know… Continue reading Depreciation of Labor When Calculating Actual Cash Value: The Great Divide
Suing for Bad Faith gets a Little Easier in Florida
Robert D. Helfand | Carlton Fields Jorden Burt | December 22, 2014 In a ruling that claims merely to clarify a 14-year-old case from the Florida Supreme Court, an appellate court recently held that an insurer may be liable to a statutory claim for bad faith failure to settle, based only on an unfavorable resolution… Continue reading Suing for Bad Faith gets a Little Easier in Florida
A Loss That Continued for Sixteen Years is Allowed to Proceed
Brandee Bower | Property Insurance Coverage Law Blog | January 9, 2015 In Strauss v. Chubb Indemnity Insurance Company,1 the 7th Circuit Court of Appeals found a loss in Wisconsin that continued for sixteen years could proceed pursuant to the “continuous trigger theory” and was not time-barred. The plaintiffs constructed a home in Wisconsin in 1994… Continue reading A Loss That Continued for Sixteen Years is Allowed to Proceed