Legal Action Against Us Clause

Michael Ponzo | Property Insurance Coverage Law Blog | May 20, 2019 While the time frame to file a legal action is generally defined under the Statute of Limitations, in some states an insurance policy can contractually establish a shorter period to file a legal action. In a recent California case, Keller v. Federal Insurance Company,1 the Ninth Circuit… Continue reading Legal Action Against Us Clause

Insurance Policy’s Promise to Advance Claims Expense for Covered Claims Does Not Create a Duty to Defend

Christopher Kendrick and Valerie Moore | Haight Brown & Bonesteel | May 7, 2019 In United Farm Workers of America v. Hudson Insurance Company, (E.D. Cal.) 2019 WL 1517568, the United Farm Workers of America union (UFW) sued Hudson Insurance Company for breach of contract and bad faith arising out of a former employee’s wrongful termination… Continue reading Insurance Policy’s Promise to Advance Claims Expense for Covered Claims Does Not Create a Duty to Defend

How To Adjust Actual Cash Value and Overhead and Profit in Colorado—Colorado To Hold Public Forum For Comments

Chip Merlin | Property Insurance Coverage Law Blog | May 3, 2019 The Colorado Division of Insurance will hold a public stakeholder meeting at the Colorado Division of Insurance in Denver on May 21, 2019, regarding its proposal to eliminate one of its long-standing bulletins requiring insurance companies to pay contractor overhead and profit rather… Continue reading How To Adjust Actual Cash Value and Overhead and Profit in Colorado—Colorado To Hold Public Forum For Comments

Recent Property Insurance Assignment of Benefits Legislation

Conroy Simberg | April 29, 2019 After 6 years, the Florida Legislature has finally passed what appears to be an effective crackdown on Assignment of Benefit (AOB) abuse that has plagued first-party property insurance for years.  The Act creates Florida Statute 627.7152, which preliminarily defines “Assignment Agreements” as instruments by which post-loss benefits under a… Continue reading Recent Property Insurance Assignment of Benefits Legislation

Interesting Public Adjuster Contract Required By Michigan Director of Insurance

Chip Merlin | Property Insurance Coverage Law Blog | April 29, 2019 The Michigan Director of Insurance recently issued the following bulletin: MICHIGAN INSURANCE BULLETINS AND RELATED MATERIALSBULLETINSBulletin 2019-07-INSApril 17, 2019 FROM: Anita G. FoxDirector Of InsuranceDATE: April 17, 2019 RE: RESIDENTIAL PUBLIC ADJUSTER CONTRACT This bulletin supersedes Bulletin 2018-22-INS, dated November 20, 2018. The… Continue reading Interesting Public Adjuster Contract Required By Michigan Director of Insurance