January 2013

When is an Appraisal Demand Premature?  Southern District of Florida Addresses a Post-Litigation Appraisal Demand

Biscayne Cove Condominium Association, Inc. v. QBE Ins. Corp., 2013 U.S. Dist. LEXIS 5194 (S.D. Fla. Jan. 14, 2013), involved a Hurricane Wilma property coverage dispute at a condominium complex. In this case, the court denied the insurer’s (“QBE’)

In GBP Partners Ltd. v. Maryland Casualty Company, 2013 U.S.App.LEXIS 563 (5th Cir. Jan. 4, 2013), the U.S. Court of Appeals for the Fifth Circuit reviewed the entry of summary judgment by the trial court in favor of the insurer. GBP arose out of damage to the roof of a shopping center caused

Typical property policies require the insured to cooperate with the insurer in the investigation of the claim, and specifically require the insured to submit a sworn proof of loss within a certain time period (in some policies this applies only where the insurer requests a proof of loss). If the insured partially complies, i.e., provides

Jurisdictions typically follow one of three theories with respect to whether an innocent coinsured may recover under a property policy where another insured has committed an intentional act, such as arson, resulting in property damage: (1) a complete bar to coverage based on an unrebuttable presumption that the coinsureds hold joint interests in the property and joint obligations under the policy; (2) recovery permitted by innocent coinsured if it is established that his or her interest in the policy is severable from the wrongdoer; and (3) a contractual language and intent of the parties analysis.

In Postell v. American Family Mutual Ins. Co., 2012 Iowa Sup. LEXIS 102 (Nov. 16, 2012), the Supreme Court of Iowa followed the contractual language and intent of the parties theory, holding that: (1) a coinsured who sets fire to an insured dwelling in order to commit suicide has the requisite intent to “cause a loss” under the fire insurance policy; (2) an innocent coinsured, who did not participate in setting the fire, could not recover due to the subject policy’s intentional loss exclusion and (3) the innocent coinsured could not recover under the amended Iowa standard fire policy.
Continue Reading Innocent Coinsured Barred From Recovery Under Iowa Standard Fire Policy

Typical property policies require the insured to cooperate with the insurer in the investigation of the claim, and specifically require the insured to submit a sworn proof of loss, provide timely responses to an insurer’s request for documentation related to the claim and, if requested, submit to examinations under oath. If the insured fails to