Unlike Friendships, Policy Exclusions Are Not Severable In West Virginia
A homeowners insurance policy often covers every member of a family, and many policies state that the insurance applies separately to each insured. The same policies usually exclude coverage for...
View ArticleTexas Supreme Court Clarifies When Insured May Recover Policy Benefits
In an effort to clarify over 20 years of conflicting precedent, the Texas Supreme Court announced five rules that, according to the court, explain the relationship between claims for breach of...
View ArticleNavigating Florida Property Coverage Waters After Hurricane Irma
As the waters recede from Hurricane Irma, there are many issues for property insurers to consider as they adjust claims in Florida, including unique issues raised by assignment of benefits, Florida law...
View ArticleFlorida Court Rejects Property Insurer’s Effort to Limit Assignment of Benefits
An assignment of benefits (AOB) is a legal tool that allows a third party to be paid for services performed for an insured property owner who would normally be reimbursed by the insurance company...
View ArticleFlorida Court Enforces Condition on Post-Loss Assignment of Benefits,...
As we have reported, an assignment of benefits (AOB) is a legal tool that allows a third party, like a contractor, to be paid for services performed, like repairs following an insured loss, for an...
View ArticleCourt Enforces Policy’s Crumbling Foundation Plain Language in Dismissing...
A federal judge in Connecticut recently dismissed claims against insurers related to their denial of a claim by two homeowners whose home’s foundation was crumbling. The case, Hyde v. Allstate Ins....
View ArticleHomeowners Insurance Has Unintended Consequence, Insurer Must Defend Teen in...
In State Farm Fire and Casualty Co. v. Motta, et al., No 18-cv-3956 (E.D. Pa. Dec. 11, 2018), the Eastern District of Pennsylvania Court held that State Farm Fire and Casualty Co. had a duty to defend...
View ArticleTennessee Supreme Court Holds That Replacement Cost Less Depreciation Does...
Insurance policies are designed to indemnify an insured by putting the policyholder in the same position he or she would have been in had no loss occurred. In the context of property insurance...
View ArticleThe Insurer’s Howler, or How Travelers Proved Its Insured’s Case
What happens when an insurer presents evidence at trial that supports the insured’s case? Answer: The evidence can be used to sustain the jury verdict for the insured-plaintiff. That is the lesson...
View ArticleAppraise Away Says Florida’s Fifth DCA
Many homeowners insurance policies allow the insurer or the insured to invoke appraisal to resolve disagreements about the amount of the loss. Nonetheless, when one party invokes appraisal, the other...
View ArticleCourt Finds Animals Incapable of Vandalism or Malicious Mischief for...
I am willing to go out on a limb and say that if asked whether an animal, say, a raccoon, is capable of committing malicious criminal acts, most humans would agree that the issue is beyond dispute....
View ArticleConnecticut Supreme Court Fortifies Crumbling Foundation Claim Denials in...
A year ago, we wrote about a rapidly emerging area of insurance litigation in Connecticut: crumbling foundations. As a quick recap, tens of thousands of homes in northeastern Connecticut built over a...
View ArticleInsured’s Leaky “Abrupt” Interpretation of All-Risk Insurance Collapses Under...
In S.O. Beach Corp. v. Great American Insurance Company of New York, No. 18-1967 (11th Cir. Oct. 31, 2019), the Eleventh Circuit affirmed the district court’s grant of summary judgment in full to the...
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