An Insurer’s Obligation to Match: Comparable Materials and Quality

Jonathan Bukowski | Property Insurance Coverage Law Blog | August 30, 2017 Policyholders purchase property insurance and pay lofty premiums with the intention of their insured property being restored to where it was prior to a loss. But what happens when the loss affects only a portion of the siding or has destroyed only a… Continue reading An Insurer’s Obligation to Match: Comparable Materials and Quality

Update on Labor Depreciation Class Actions

Wystan Ackerman | Robinson & Cole | August 14, 2017 There have been two recent federal district court decisions in the widespread class action litigation involving the application of depreciation to the labor cost component of replacement cost value on property insurance claims. (For background on this issue, see my February 21, 2017 blog post.) The… Continue reading Update on Labor Depreciation Class Actions

In California, Can an Insured Homeowner Recover Full Replacement Cost by Purchasing a Home at Another Location?

Stephanie Poll | Property Insurance Coverage Law Blog | June 25, 2017 The short answer is yes. In Conway v. Farmers Home Mutual Insurance Company, the California Court of Appeal followed several out-of-state authorities in considering the issue and ruling in favor for the insured.1 Chip Merlin raised this issue with respect to Texas back in 2009 –… Continue reading In California, Can an Insured Homeowner Recover Full Replacement Cost by Purchasing a Home at Another Location?

Depreciation of Labor Costs When Determining Actual Cash Value: Henn v. American Family

Alycen A. Moss | Property Insurance Law Observer | June 20, 2017 In February, the Nebraska Supreme Court held that it is acceptable for insurance companies to depreciate labor costs when determining the actual cash value (ACV) of damaged property, even when the insurance policy does not define “actual cash value” or “depreciation.” See Henn v.… Continue reading Depreciation of Labor Costs When Determining Actual Cash Value: Henn v. American Family

Why Focusing Recovery Efforts on RCV Only Can Prove Disastrous for Insureds Who Fail to Make a Demand and Present Evidence of ACV

Kevin Pollack | Property Insurance Coverage Law Blog | July 27, 2016 My colleague Ed Eshoo recently wrote a blog addressing how Illinois courts follow the Prevention Doctrine (if an insurer prevents or hinders an insured from complying with the condition to repair/replace the property before being entitled to full replacement cost, then the insured’s… Continue reading Why Focusing Recovery Efforts on RCV Only Can Prove Disastrous for Insureds Who Fail to Make a Demand and Present Evidence of ACV

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