Fla. Court Clears Way for Video Recording of Adjuster’s Damage Inspections

William Rabb | Claims Journal Homeowners and public adjusters may now feel a little more emboldened to record an insurance adjuster’s inspection of a home, after a Florida appeals court ruled in favor of the practice last week – the third such ruling in as many years. The 4th District Court of Appeal, in West Palm… Continue reading Fla. Court Clears Way for Video Recording of Adjuster’s Damage Inspections

Fifth Circuit Confirms: Insurer Must Defend Despite Your Work/Your Product Exclusion

Nathan Cazier and Scott Thomas | Payne & Fears The United States Court of Appeals for the Fifth Circuit recently confirmed that liability insurers have a duty to defend their insureds in construction defect cases when the underlying complaint alleges damage to property beyond the product and work of the insured – even if the… Continue reading Fifth Circuit Confirms: Insurer Must Defend Despite Your Work/Your Product Exclusion

Right to Repair Unintended Utilization

Advise & Consult, Inc. “Right to Repair” is a trend, that while becoming an increasingly popular option given that property insurance policies include wording giving insurers this power.  Unfortunately, while becoming more common, and while the provision sounds like a good idea in theory, is not being utilized by insurers in the way that was… Continue reading Right to Repair Unintended Utilization

Colorado Enforces Ambiguous Limitation of Liability Clauses

Kelly Smith | Snell & Wilmer On September 23, 2021, the Colorado Court of Appeals issued its opinion in Johnson Nathan Strohe, P.C. v. MEP Engineering, Inc., addressing a matter of first impression. The court of appeals held for the first time that an ambiguous limitation of liability clause may be enforced. This stands in contrast… Continue reading Colorado Enforces Ambiguous Limitation of Liability Clauses

Florida Enacts Significant Reform Impacting Property Insurance Claims

Scott Seaman and Daniel Shatz | Insights for Insurers Earlier this month, Florida Governor Ron DeSantis signed into law S.B. 76, enacting significant property insurance claim reform in the State of Florida that becomes effective on July 1, 2021. We summarize some of the highlights below. Regulation of Contractors and Public Adjusters Section One creates Florida… Continue reading Florida Enacts Significant Reform Impacting Property Insurance Claims