David Adelstein | Florida Construction Legal Updates When it comes to giving your insurance carrier notice of claim, I am an advocate of providing that notice as soon as possible, i.e., prompt notice. The reason is to take away the carrier’s argument to deny coverage because you, as the insured, failed to provide it with prompt… Continue reading Giving Insurance Carrier Prompt Notice of Claim to Avoid “Untimely Notice” Defense
Tag: Property Insurance Claims
An Insurance Company’s Generic Reservation of Right can Lead to a Waiver of a Late Notice Defense
Anthony Crawford | Red Smith For insurance recovery attorneys, one of the more frustrating ways for a policyholder to lose coverage for a property loss is on the basis of late notice. Property insurance policies generally require the policyholder to give the insurance company “prompt notice” of claims and potential claims. Property policies may specify… Continue reading An Insurance Company’s Generic Reservation of Right can Lead to a Waiver of a Late Notice Defense
Florida’s “Groundbreaking” Property Insurance Reform Law
Bradley Fischer and Laura Farrant | Lewis Brisbois Bisgaard & Smith On December 16, 2022, Florida Governor Ron DeSantis signed into law Senate Bill 2-A (S.B. 2-A, or the Act). Widely touted as “groundbreaking,” S.B. 2-A reforms many aspects of the claims process, including the timing for paying and adjusting claims, eliminating one-way attorneys’ fee… Continue reading Florida’s “Groundbreaking” Property Insurance Reform Law
When Does a Claim Become a “Claim”? A Lesson on Timely Notice
Matthew J. Revis and Patrick M. McDermott | Hunton Andrews Kurth On March 20, 2023, the Southern District of New York denied a policyholder’s claim for coverage and granted the insurer’s motion for judgment on the pleadings in Pine Management, Inc. v. Colony Insurance Company. The parties disputed whether a real estate liability insurance policy provided defense and… Continue reading When Does a Claim Become a “Claim”? A Lesson on Timely Notice
New California Time-Limited Demand Statute for Insurance Claims Effective Now
Chad W. Dunham | PropertyCasualtyFocus In an effort to promote early resolution of claims and remove ambiguity in bad faith litigation, the California legislature recently passed Senate Bill 1155. Effective January 1, 2023, the bill creates California Code of Civil Procedure Section 999 et seq., a set of rules detailing form requirements for time-limited demands, demand… Continue reading New California Time-Limited Demand Statute for Insurance Claims Effective Now