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
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
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
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
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
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
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
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
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