Nevada “Outlaws” Cost-Reducing Liability Insurance Policies, with Guidelines to Insurers

Philip J. Tacason | Lewis Brisbois On June 3, 2023, Nevada Governor Joe Lombardo signed into law Assembly Bill (AB) 398, which prohibits insurers from renewing or issuing insurance policies that include provisions that reduces the limit of liability by the costs of defense. AB 398 states: Section 1. Chapter 679A of NRS is hereby… Continue reading Nevada “Outlaws” Cost-Reducing Liability Insurance Policies, with Guidelines to Insurers

Blindly Relying on Public Adjuster or Loss Consultant’s False Estimate Can Play Out Badly

David Adelstein | Florida Construction Legal Updates Insurance policies, particularly property insurance policies, have a concealment or fraud provision that, in essence, gives the insurer an out if the insured submits a fraudulent claim, a false claim, or conceals material facts.   Unlike a traditional fraud claim where a party needs to prove intent, the provision is broad… Continue reading Blindly Relying on Public Adjuster or Loss Consultant’s False Estimate Can Play Out Badly

Avoid the Headache – Submit the Sworn Proof of Loss to Property Insurer

David Adelstein | Florida Construction Legal Updates Property insurance policies (first party insurance policies) contain post-loss obligations that an insured must (and should) comply with otherwise they risk forfeiting insurance coverage.   One post-loss obligation is the insurer’s right to request the insured to submit a sworn proof of loss.  Not complying with a post-loss obligation such as submitting… Continue reading Avoid the Headache – Submit the Sworn Proof of Loss to Property Insurer

Foundations, Basement Walls And Collapse — Connecticut Supreme Court Rules Against Coverage

Larry P. Schiffer | Squire Patton Boggs | November 21, 2019 Homeowners in Connecticut (and other states) have had issues with crumbling foundations and basement walls of their homes due to defective concrete manufactured by a specific supplier. They have turned to their homeowners insurance policies for coverage and coverage has been denied. Multiple lawsuits… Continue reading Foundations, Basement Walls And Collapse — Connecticut Supreme Court Rules Against Coverage

Policy Conditions “Conformity to State Law” May Extend the Period Time to File Suit.

Christina Phillips | Property Insurance Coverage Law Blog | July 1, 2018 Some insurance policies will contain a clause within the conditions section entitled “Conformity to State Law.” This provision contains language similar to: “Conformity to State Law. When a policy provision is in conflict with the applicable state law of the State in which… Continue reading Policy Conditions “Conformity to State Law” May Extend the Period Time to File Suit.

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