William Rabb | Insurance Journal A decade ago, it was questionable sinkhole damages that proliferated in Florida property insurance claims. More recently, “free roof” solicitations, roof claims and thousands of lawsuits have rattled the industry. Now comes cast iron drainpipes, common in homes built before 1975. The pipe systems have become targets for some of… Continue reading Cast Iron Drainpipes Latest Target in Florida Claims. But They Can Be Defended.
Tag: Property Insurance Claims
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