The Connecticut Supreme Court’s recent decision reaffirming that a CUTPA claim against an insurance company (or agent or broker) must be strictly limited to alleging improper practices that are in violation of CUIPA will be particularly helpful to insurers in defending lawsuits asserting unfair trade practice and other bad faith claims. State of Connecticut v.
Guest Contributor
Connecticut Property Insurance Mediation Law Enacted: Insurance Department Authorized To Implement Mediation Program For Catastrophic Losses
Last week, Connecticut’s Governor signed into law Public Act 13-148, titled “An Act Establishing A Mediation Program For Certain Insurance Policy Claims and Concerning Requirements for Persons Performing Repairs, Remediation or Mitigation Pursuant to a Loss” (“PA 13-148” or “Act”).
Applicability
PA 13-148, which will become effective on October 1, 2013,…
Boston Bombings: Massachusetts Commissioner of Insurance Issues Bulletin Regarding Procedures for Insurance Claims
On April 25, 2013, the Massachusetts Division of Insurance (“DOI”) issued a bulletin offering “guidance and recommendations” regarding the handling of insurance claims, premium payments, and underwriting of coverage related to the April 15, 2013 bombings in Boston. Of note, the DOI indicates that insurers are required to promptly investigate all claims, and “encourages” insurers…
New Jersey’s Department of Banking and Insurance Unveils Mandatory Mediation Program for Sandy Claims
New Jersey’s Department of Banking and Insurance Unveils Mandatory Mediation Program for Sandy Claims
On March 26, 2013, New Jersey’s Department of Banking and Insurance (“Department”) issued a significant new Hurricane Sandy-related order that will affect nearly all insurers doing business in the State of New Jersey. Order No. A13-106 (“Mediation Order”) requires insurers to…
Sworn Proof of Loss Is a Condition Precedent, and Presumption of Prejudice Applies: Florida’s 3rd DCA Reverses Summary Judgment for Insurer
As we have indicated in prior blog posts on the Soronson and Slominski cases, late notice issues have been cropping up consistently in the Florida appellate courts in the context of Hurricane Wilma claims being reported years after the storm. Cooperation clauses requiring prompt notice and sworn proof of loss are implicated, and the issue,…
When is an Appraisal Demand Premature? Southern District of Florida Addresses a Post-Litigation Appraisal Demand
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’)…
Missouri Valued Policy Law Inapplicable to Tornado Losses: Missouri Federal Court Issues Decision of First Impression
Some jurisdictions have what is known as a valued policy law (“VPL”), which typically provides that in the case of a total loss, the insurer is required to pay the full policy limit regardless of the actual replacement cost value or actual cash value of the property at the time to the loss. Most of…
Storm Sandy: Delaware Requires Insurers to Submit Claim Reporting Form
On December 10, 2012, the Delaware Department of Insurance issued Bulletin No. 59, which requires all admitted, non-admitted and surplus lines carriers, including flood insurance carriers, to submit a claim reporting form on a periodic basis. The first report is due December 18, 2012 for the reporting period of October 26, 2012 through December…
Insurers Issuing Residential Policies in Delaware Must Include Specific Notice Provision Regarding Hurricane Deductible as of January 1, 2013
On December 7, 2012, the Delaware Department of Insurance issued Bulletin No. 58 reminding insurers writing residential policies incepting or renewing on or after January 1, 2013 that policies must include a prominent and specific notice regarding applicable hurricane deductibles. The Bulletin indicates that in the wake of Hurricane Irene and storm Sandy, many Delaware…
Policy Language Determined Ambiguous Despite Anti-Concurrent Causation Provision: Oregon Court of Appeals Issues Decision of First Impression
Most states enforce anticoncurrent causation provisions, as we have described in our summary of such provisions. Recently, the Court of Appeals of the State of Oregon determined that a policy was ambiguous despite the fact that the insureds stipulated that collapse caused the damage, and the policy excluded loss caused by collapse with anticoncurrent…