Kenneth Kan – May 19, 2014 In my previous blog I discussed how in Arizona, if a policyholder submits a claim that is deemed late, the insurance company cannot deny the claim on that basis unless it can show actual prejudice from the delay. Now, what happens when the policyholder files a lawsuit after the… Continue reading In Arizona, the “Prejudice” Rule Applies to Late Lawsuits Filed Against Insurance Companies
Tag: Insurance Claims
After Appraisal Award Is Paid: You May Not Get Your Day in Court
Nyanza Moore – May 6, 2014 In MLCSV10 v. Hartford Stream Boiler Inspection and Insurance Company,1 current and former owners of insured commercial property brought state-court actions against insurers to recover cost of repairing hurricane damage and vandalism, asserting causes of action for breach of an insurance contract, breach of the duty of good faith… Continue reading After Appraisal Award Is Paid: You May Not Get Your Day in Court
Was Superstorm Sandy a “Named Storm?”
Ashley Smith – March 26, 2014 Property insurance policies commonly contain a “Named Storm” deductible, which provides for a substantially higher deductible than other causes of loss. For example, the policy in AFP 104 Corp. v. Columbia Casualty Company1 contained a base deductible of $10,000 and a Named Storm deductible of $1 million per occurrence.… Continue reading Was Superstorm Sandy a “Named Storm?”
When Does a “Date of Loss” Actually Manifest in California?
Denise Sze- April 1, 2014 Statues of Limitations are extremely important to policyholders and their attorneys. After all, when a statute runs, your rights to file a lawsuit in hopes of recovery disappears. However, the age old question of when is an actual “date of loss” or “manifestation” in property insurance law is still debated,… Continue reading When Does a “Date of Loss” Actually Manifest in California?
Proving and Winning a First Party Bad Faith Case, Part 4 – The Nuts and Bolts of Discovery : Property Insurance Coverage Law Blog
David Furtado – March 23, 2014 In part 3 my series on Proving and Winning a First Party Bad Faith Case, I posted a Request for Production of Documents I recently served upon the insurer’s attorney on a case I am handling in federal court in the Western District of Missouri. In that case the… Continue reading Proving and Winning a First Party Bad Faith Case, Part 4 – The Nuts and Bolts of Discovery : Property Insurance Coverage Law Blog