The Rigsby sisters have now prevailed in the highest court of the land in their decade long fight against State Farm.1 The Rigsby sisters were catastrophe adjusters working for State Farm on Hurricane Katrina claims. I have noted this case for some time: The Insurance Adjuster’s Dilemma: Tell the Truth and Face the Consequences By … Continue Reading
Think robbers would want to turn over their secret plans and motives so their victims could discuss how they were ripped off and figure out among themselves what they could do to obtain justice from the robbers?… Continue Reading
On December 1, 2016, the Florida Supreme Court decided Sebo v. American Home Assurance Company, Inc.,1 resolving whether coverage existed under an all-risk policy when there were multiple causes of loss and at least one of the causes was excluded, in favor of the insured.… Continue Reading
It is the general understanding when one brings a lawsuit on a flood claim under the National Flood Insurance Program (NFIP) that the only recovery available to the policyholder is actual damages. The policyholder is not entitled to attorney fees or bad faith (extra-contractual) damages, which might be recoverable in other first-party property damage cases. … Continue Reading
Only insurance company claims managers and their paid for lawyers could argue that a hail dented roof is not a covered loss under a property insurance policy which specifically covers hail damage. A federal appellate court decision issued last week1 helps put an end to these crazy attempts by insurance company lawyers that argue virtually anything … Continue Reading
Nationwide Mutual Fire Insurance Company may be off the hook after a recent ruling from the U.S. Court of Appeals For the Sixth Circuit that there is no coverage for the fire loss because the policyholder failed to notify Nationwide that they had converted the basement to a marijuana grow house.… Continue Reading
Usually policyholders are left with the option of suing their insurance carriers for breach of contract and bad faith, however a recent ruling in Pennsylvania opens up the door for policyholders to sue for negligence as well. The case is Bruno v. Erie Ins. Co., No 25 WAP 2013 (Pa. Dec. 15, 2014).… Continue Reading
Recently the Fourth District Court of Appeal (“4th DCA”) abated a bad faith case brought against Safeco. The underlying issue of coverage was also involved in the lawsuit. We have often discussed how Florida law requires a determination of liability and extent of damages before a bad faith action can proceed. The 4th DCA decided … Continue Reading
The almost 4-year long court battle surrounding the BP Oil Spill seems to have taken a turn for the worst for BP. Last week, the U.S. District Court for the Eastern District of Louisiana determined the London-based company’s gross negligence and willful misconduct led to millions of gallons of oil being spilled into the Gulf … Continue Reading
On August 30, 2014, I wrote about a hot topic in Florida that concerns whether a policyholder can pursue a bad faith case against their insurance company after the claim proceeds through the appraisal process and an award is entered: In Florida, an Appraisal Award May Be a Final Determination of Liability For a Bad … Continue Reading
Florida’s 4th District Court of Appeals (“4th DCA”), recently issued an opinion relating to compliance with post-loss duties in a property insurance case.1 The issue centered on whether the policyholder breached their duties under the insurance contract by not timely submitting a sworn proof of loss. The trial court decided that the policyholder could not … Continue Reading
In a recent blog I discussed how a Second Circuit Court of Appeals case, Fabrozzi v. Lexington Insurance Company,1 interpreted the law regarding “Late Notice” expansively in favor of policyholders. A recent New York State Court of Appeals ruling has failed to continue this expansion and has left the law as it was regarding a … Continue Reading
Recently, Florida’s Fourth District Court of Appeal issued an opinion in a case involving Florida’s Statute of Limitations for property insurance claims.1 The question in this case, as well as many others recently, involves a 2011 amendment to §95.11(2)(e), which states that the limitations period in an action for breach of a property insurance contract begins … Continue Reading
Florida’s statute of limitations for an action on a contract, such as an insurance policy, is five years.1 Under a 2011 amendment to the statute, the five year period for breach of a property insurance contract begins to run from the date of loss.2… Continue Reading
Slow, delayed and late replacement and repair is the usual normal state of affairs after major catastrophes. In New Jersey and New York, slow and bogged down restoration and repair is the worst I have ever seen. Most insurance companies pay and work with their customers during post loss construction. A few insurance companies deny … Continue Reading
Certainly the majority of an attorney’s work in any given field has a certain amount of repetition, whether returning clients or similar claims. However, occasionally a case comes along unlike any you’ve ever seen before: Last week, Florida’s Fourth District Court of Appeal ruled that damage caused to a home due to an exploding corpse was not a … Continue Reading
I have published on four occasions concerning good orders coming out of the Barten v. State Farm case.1 Well, it seems more courts are issuing favorable discovery orders, including a recent ruling from a federal district court in Arkansas.2… Continue Reading
Check the mailing address on your policy and double check it again to make sure it is accurate. That is the best advice I can give after reading a recent Florida appellate court case involving a policy cancellation notice the insurer mailed to its insured.1 The address shown in the insurance policy for the mailing … Continue Reading
A topic of interest in New York, where courts are currently hearing Superstorm Sandy cases, is whether policyholder allegations of bad faith claims handling against insurers state a cause of action under state law. Needless to say, policyholder and carrier advocates do not agree on this issue. It is a hot topic too, with thousands … Continue Reading
Judge Hurley of the United States Southern District Court of Florida recently set out what may be the most extensive statement of an insurance broker’s duty under Florida law.1… Continue Reading
Many moons ago (on October 26, 2012, to be precise), I blogged about compliance with examination conditions. That blog noted conflicting views as to what is required of a policyholder under the policy’s condition for examination under oath (in the property insurance context) or compulsory medical examination (in the health, disability, or long-term care insurance … Continue Reading
Last week, I discussed the concept of insurable interest in Florida and the effect of a foreclosure judgment on a party’s insurable interest in property. Let’s continue the discussion of insurable interest this week. Does a property management company have an insurable interest in commercial property which it manages but does not own?… Continue Reading
Oftentimes policyholders that have suffered a loss turn to representatives that will be able to help them in emergency situations. These companies may take assignments of the insurance claim proceeds as payment for their services. Examples are water dry-out companies, emergency services contractors, and fire cleanup companies. Insurance carriers have been challenging these types of … Continue Reading
New York’s highest appellate court holds an expansive view of property insurance coverage for vandalism losses. Back in January, 2013, I wrote a post: So There Is An Excavation Company As Your Next Door Neighbor; Could It Trigger Vandalism Coverage To Your Property, about a question the United States Court of Appeals for the Second Circuit … Continue Reading