Shannon O’Malley | Zelle Once in a while, there is an insurance case that addresses numerous “common” issues and reaffirms the parties’ respective duties in supporting and adjusting claims, promptly making repairs, and mitigating loss. The recent Fifth Circuit opinion in Matter of New York Inn, Inc., No. 24-10338, 2025 WL 999084, at *1 (5th Cir.… Continue reading Holding an Insured to its Duties and Burdens
Tag: insurance
Insured’s Challenge to Use of Xactimate Software to Determine Repair Costs for Damage Fails
Tred R. Eyerly | Insurance Law Hawaii The insurer’s motion for summary judgment to dismiss the insured’s complaint challenging the use of Xactimate to determine the repair costs for fire damage was granted. Belotti v. State Farm Fire & Cas. Co., 2025 U.S. Dist. LEXIS 54471 (M.D. Pa. March 25, 2025). Plaintiffs’… Continue reading Insured’s Challenge to Use of Xactimate Software to Determine Repair Costs for Damage Fails
Construction Liability and Insurance: How State Law Shapes Policy Exclusions
Jose A. Aquino | Duane Morris The Arkansas Court of Appeals recently issued a ruling determining that insurance coverage must be provided for both defense and indemnification in a dispute arising from faulty workmanship during flooring installation. The decision, in Nationwide Mutual Insurance Co. v. NWA Restore-It, Inc., 2025 Ark. App. 218, 710 S.W.3d 475 (Ark.… Continue reading Construction Liability and Insurance: How State Law Shapes Policy Exclusions
Challenges to Cost Modelling for Marine-Related Property Claims
Ronald Mallory | J.S. Held Introduction Marine facilities have evolved into highly developed, complex, vital infrastructure. What were once collections of docks, pavements, warehouses and guard shacks have become complex cities. Modern ports have rail facilities, multiple utilities (e.g. steam, water, sewer, storm drain, electrical and communication services), fuel distribution, hoisting and conveyance systems, dust… Continue reading Challenges to Cost Modelling for Marine-Related Property Claims
Noncompliance With Policy’s “Duties After Loss” Provision Leads to Denial of Fire Loss Claim
Lauren Berenbaum | Property Insurance Law Observer In Caribe D. Billie v. Plymouth Rock Assurance Corp. et al, the U.S. District Court for the District of Connecticut granted Plymouth Rock Assurance Corp.’s (“Insurer”) motion for summary judgment, holding that the Insurer was prejudiced by its insured’s failure to cooperate with the Policy’s “Duties After Loss” provision.… Continue reading Noncompliance With Policy’s “Duties After Loss” Provision Leads to Denial of Fire Loss Claim