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Property Insurance Coverage Insights

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Actual Cash Value

Class Action on Depreciation of Labor on Property Insurance Claims: New Arkansas Supreme Court DecisionEnforceability of 180-Day Requirement for Recovering Replacement Cost Holdback Addressed By Southern District of New York

Anti-Concurrent Causation

Hurricane Harvey, the Texas Supreme Court, and Anti-Concurrent CausationNew Jersey Appellate Division Applies Anti-Concurrent Causation Clause to Bar Combined Flood/Sewer Backup ClaimCompeting Causes of Loss: Florida Supreme Court Issues Decision Applying The Concurrent Causation Doctrine

Appraisal

Drones and Insurance: How Unmanned Aircraft Systems Can Assist Insurers in Timely and Effectively Evaluating Property Damage ClaimsMassachusetts Reference Award and Alleged Chapter 93A Violation Addressed By Federal District Court OpinionConnecticut Supreme Court Reaffirms Court’s Limited Power To Review Appraisal Awards

Attorney Fees

Florida Sinkhole Statute and Recovery of Attorneys’ Fees Without Bad Faith: Florida Supreme Court Reverses the 5th DCA and Reiterates Prior HoldingsAttorney Fees: Middle District of Florida Determines That Third-Party Beneficiaries Cannot Recover Attorney Fees Under Section 627.428, Florida Statutes

Attorney-client Privilege/Work Product

Work Product and Attorney-Client Privilege Concerning Documents Drafted Prior To Litigation: Eastern District Of New York Finds Insurer’s Documents Are Not Discoverable

Bad Faith

District of New Jersey Finds Post-Denial Communications By Insurer’s Counsel Insufficient to Sustain Bad Faith ClaimSuit Limitation Period In Standard Flood Insurance Policy Is Not Tolled By Filing In State Court: Hurricane Irene Claim Dismissed By Fourth CircuitHurricane Sandy, Flood, and Sewer Backup: New Jersey Federal Court Confirms Anti-Concurrent Causation Bars Insured’s Claim

Business Interruption

COVID-19 Business Interruption Insurance Claims – Don’t Overlook the Ordinance Or Law ExclusionRecent Decision Finds No Business Income Coverage Where Flood Caused Order of Civil AuthorityBusiness Interruption Requires Complete Cessation of Operations: Fifth Circuit Affirms, In Part, Southern District of Texas Grant of Summary Judgment to Insurer

Causation

District of New Jersey Applies Anti-Concurrent Causation Provision to Superstorm Sandy ClaimCompeting Causes of Loss: Florida Supreme Court Issues Decision Applying The Concurrent Causation DoctrineHurricane Sandy, Flood, and Sewer Backup: New Jersey Federal Court Confirms Anti-Concurrent Causation Bars Insured’s Claim

Causation Approaches

Competing Causes of Loss: Florida Supreme Court Issues Decision Applying The Concurrent Causation DoctrineInsurance Fraud Case: Second Circuit Addresses Adverse Inference Instruction, Restitution For Prior Payments

Collapse Exclusion

District of Connecticut Reaffirms That Definition Of “Collapse” Is UnambiguousInsurance Fraud Case: Second Circuit Addresses Adverse Inference Instruction, Restitution For Prior PaymentsCollapse and Ensuing Loss Clause Addressed By New York Trial Court

Constructive Notice

Potential Error in Address of Insured Property Addressed By Louisiana Federal Court Along With Time Bar Issue

Contract Interpretation

Named Storm Deductible Issue Survives Motion to Dismiss: District of New Jersey Federal Court Issues Decision In Hurricane Sandy ClaimNew Jersey Appellate Court Rejects Insured's Attempt to Circumvent the Pollution Exclusion in Asbestos-Related Loss by Using the Vandalism Exception to the ExclusionGeneral Contractor Overhead and Profit Ruling Issued by Florida Supreme Court

COVID-19

COVID-19 Business Interruption Insurance Claims – Don’t Overlook the Ordinance Or Law Exclusion

Direct Physical Loss

Insurance Fraud Case: Second Circuit Addresses Adverse Inference Instruction, Restitution For Prior Payments

Earth Movement Exclusion

Insurance Fraud Case: Second Circuit Addresses Adverse Inference Instruction, Restitution For Prior PaymentsCausation Issue Involving Nominal Cause Addressed By First Circuit Opinion Under Massachusetts LawEarth Movement Exclusion Bars Coverage for Loss Caused by Excavation Per New York Court of Appeals

Efficient Proximate Cause

Competing Causes of Loss: Florida Supreme Court Issues Decision Applying The Concurrent Causation DoctrineCausation Issue Involving Nominal Cause Addressed By First Circuit Opinion Under Massachusetts Law

Ensuing Loss

Texas Federal Court Holds Faulty Workmanship Exclusion Applies to All Damage Caused By Drilling Gear Malfunction, Rejects Insured’s Claim for Covered “Resulting Loss”Competing Causes of Loss: Florida Supreme Court Issues Decision Applying The Concurrent Causation DoctrineAmbiguity And Ensuing Loss: The Second Circuit Affirms The Southern District Of New York’s Holdings In a $675 Million Superstorm Sandy Insurance Coverage Dispute

Exclusions

New York Court Rules Duty to Defend Policies Must Explicitly Provide for Recoupment of Defense CostsVacancy Exclusion: Eleventh Circuit (Florida) Weighs In On “Dwelling Being Constructed” ExceptionTexas Federal Court Holds Faulty Workmanship Exclusion Applies to All Damage Caused By Drilling Gear Malfunction, Rejects Insured’s Claim for Covered “Resulting Loss”

Faulty Workmanship Exclusion

Texas Federal Court Holds Faulty Workmanship Exclusion Applies to All Damage Caused By Drilling Gear Malfunction, Rejects Insured’s Claim for Covered “Resulting Loss”New Jersey Appellate Court Rejects Insured's Attempt to Circumvent the Pollution Exclusion in Asbestos-Related Loss by Using the Vandalism Exception to the ExclusionInsurance Fraud Case: Second Circuit Addresses Adverse Inference Instruction, Restitution For Prior Payments

Flood Exclusion

Eastern District of New York Upholds Flood Exclusion in Superstorm Sandy CaseHurricane Sandy, Flood, and Sewer Backup: New Jersey Federal Court Confirms Anti-Concurrent Causation Bars Insured’s ClaimNew York’s Second Department Holds That Omission of Exclusion in Declination Letter Does Not Operate As Waiver

Fortuity

Insurance Fraud Case: Second Circuit Addresses Adverse Inference Instruction, Restitution For Prior Payments

Fraud

Computer Fraud Policy: Eleventh Circuit Affirms District Court’s Finding Of No Coverage For $11M Fraud Claim

Freezing Exclusion

The Protective Safeguards—Heat Maintained Endorsement Means What it Says: Eastern District of New York Grants Summary Judgment For Loss From Frozen PipesFreezing Exclusion: Third Circuit Affirms District Court’s Grant Of Summary Judgment To Insurer

Late Notice

Late Notice in Florida: Appellate Court Affirms Finding of No Coverage Where Insurer Prejudiced In Determination of Extent of DamageLate Notice in New York: Federal Court Finds No Prejudice Required In First Party ContextWhat Is Prompt Notice? Second Circuit Analyzes Late Notice In New York

Law and Ordinance

Law and Ordinance: California Appellate Court Determines Exclusion Plainly Applies to FEMA Regulation

Loss Measurement

Missing Millions, An Armored Car Conspiracy, And A Fraudulent Connecticut Insurance ApplicationDispute Over Actual Cash Value, Replacement Cost Value, and Inclusion of Law & Ordinance Costs in Loss Measurement: Ninth Circuit Weighs in on California LawFlorida 5th District Court of Appeal Requires Showing of Prejudice For Failing To Submit To An EUO Before Suit Is Filed

Mediation Program

Connecticut Property Insurance Mediation Law Enacted: Insurance Department Authorized To Implement Mediation Program For Catastrophic Losses

Misrepresentation

Failure to Cooperate and Misrepresentation: New York Federal Court Grants Summary Judgment Finding Insured Explanations for False Statements “Dubious”Innocent or Unintentional Mistake in Application is Irrelevant: NY’s Second Department Finds Rescission Appropriate and Affirms Summary Judgment Based on Insurer’s Claim of Misrepresentation

Mold Exclusion

Mold Exclusion: Louisiana Federal Court Interprets Exclusion And EndorsementInsurance Fraud Case: Second Circuit Addresses Adverse Inference Instruction, Restitution For Prior Payments

Mutual Mistake

Potential Error in Address of Insured Property Addressed By Louisiana Federal Court Along With Time Bar Issue

National Flood Insurance Policies

The Southern District Finds Unambiguous Policy Language Controls NYU’s Superstorm Sandy ClaimSuit Limitation Period In Standard Flood Insurance Policy Is Not Tolled By Filing In State Court: Hurricane Irene Claim Dismissed By Fourth CircuitDistrict of New Jersey Dismisses Third Party Claims Sounding in Policy Handling on Preemption Grounds

Policy Conditions

New York Court Rules Duty to Defend Policies Must Explicitly Provide for Recoupment of Defense CostsThe Southern District Finds Unambiguous Policy Language Controls NYU’s Superstorm Sandy ClaimDrones and Insurance: How Unmanned Aircraft Systems Can Assist Insurers in Timely and Effectively Evaluating Property Damage Claims

Pollution Exclusion

Another State Weighs in on Pollution Exclusions in General Liability PoliciesNew Jersey Appellate Court Rejects Insured's Attempt to Circumvent the Pollution Exclusion in Asbestos-Related Loss by Using the Vandalism Exception to the ExclusionInsurance Fraud Case: Second Circuit Addresses Adverse Inference Instruction, Restitution For Prior Payments

Property Insurance

Assignments of Benefits Under Homeowners Insurance Policies: Iowa Supreme Court Rules that Assignment Was Void Because Contractor Was Acting as Unlicensed Public AdjusterNew Statutory Framework Confronts Florida’s AOB CrisisResidence Premises Condition: New York Trial Court Grants Summary Judgment Based On a Finding of A “Feigned” Affidavit

Replacement Cost

Scope of Recoverable Damages: District of New Jersey Finds Insureds Not Entitled to Replacement Cost Value Until Damaged Property is Repaired or ReplacedGeneral Contractor Overhead and Profit Ruling Issued by Florida Supreme CourtEnforceability of 180-Day Requirement for Recovering Replacement Cost Holdback Addressed By Southern District of New York

Residence

The Definition of “Reside” Under Homeowners’ Policies in Michigan and New York: Two Appellate Courts Provide Further Insight

Suit Limitation

The District of New Jersey Affirms Application of Suit Limitation Provision in Train DerailmentSuit Limitation Period In Standard Flood Insurance Policy Is Not Tolled By Filing In State Court: Hurricane Irene Claim Dismissed By Fourth CircuitAppraisal Award Unenforceable Where Suit Limitation Period Expired Prior To Filing Suit: New York County Dismisses Storm Sandy Coverage Suit

Trigger of Coverage

New York Court Rules Duty to Defend Policies Must Explicitly Provide for Recoupment of Defense CostsInsurance Fraud Case: Second Circuit Addresses Adverse Inference Instruction, Restitution For Prior PaymentsSeventh Circuit Affirms Continuous Trigger Applicable In First Party Policy and Insurer’s Bad Faith Denial of Coverage Under Wisconsin Law

Uncategorized

Eastern District of New York Magistrate Recommends Denial of a Motion to Remand and Recognizes the Application of the Fraudulent Joinder Doctrine, Even in the Face of the “Forum Defendant Rule”Texas Department of Insurance Issues Additional Bulletins Relating to Hurricane HarveyNew Texas Insurance Code Chapter 542A, Effective September 1, 2017, May Reduce The Number of Harvey Lawsuits

Vacancy Exclusion

Vacancy Exclusion: Eleventh Circuit (Florida) Weighs In On “Dwelling Being Constructed” ExceptionIs Anyone Home? Washington Supreme Court Interprets Two-Step Vacancy EndorsementConnecticut Appellate Court Clarifies “Vacancy” Definition of Vandalism Exclusion

Vandalism Exclusion

Connecticut Appellate Court Clarifies “Vacancy” Definition of Vandalism Exclusion

Water Exclusion

The Water Exclusion: New York’s Fourth Department Interprets The Definition of Surface WaterBroad but not Ambiguous: Eighth Circuit Weighs In On Water Below The Surface Exclusion  New York’s Second Department Holds That Omission of Exclusion in Declination Letter Does Not Operate As Waiver

Property Insurance Coverage Insights

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