North Carolina Designates More “State of Emergency” Counties Due to Hurricane...
On October 31, 2012, North Carolina’s Commissioner of Insurance issued Bulletin 12-B-07, which provides an expanded list of counties previously designated (by Executive Order 129 issued on October 26,...
View ArticleSworn Proof of Loss is a Condition Precedent, and Florida’s 5th DCA Applies...
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...
View ArticleInnocent Coinsured Barred From Recovery Under Iowa Standard Fire Policy
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...
View ArticleProofs of Loss in Florida: Second District Court of Appeal Reverses Summary...
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...
View ArticleSinkhole Coverage Not Required in Florida for Surplus Lines Insurers: Federal...
Surplus lines insurance is typically provided to insureds who, for various reasons, are not able to secure insurance from an “admitted” or “authorized” carrier in a state. Legal issues surrounding...
View ArticleFlorida Regulator’s Rejection of Sinkhole Endorsement Limiting Coverage To...
Amid a rash of recent, high-profile sinkhole losses, last week Florida’s First DCA affirmed the Florida Office of Insurance Regulation’s interpretation of a state statute as requiring property insurers...
View ArticleEnforceability of 180-Day Requirement for Recovering Replacement Cost...
A federal court in New York recently cast light on the permissibility of property insurance policy provisions that require an insured to repair or replace damaged property within a certain period of...
View ArticleGeneral Contractor Overhead and Profit Ruling Issued by Florida Supreme Court
The Florida Supreme Court recently joined numerous other jurisdictions holding that general contractor overhead and profit should be included in an estimate on a property insurance claim when, based on...
View ArticleFlorida Federal Court Applies Statutory Definition of “Structural Damage” in...
Over the last decade, policyholders and insurers have actively litigated the meaning and scope of “structural damage” under the Florida statutory sinkhole scheme. In 2011, in an effort to resolve the...
View ArticleRecent Decision Finds No Business Income Coverage Where Flood Caused Order of...
When Super Storm Sandy struck the Northeast on October 29, 2012, states, cities, municipalities and towns up and down the East Coast ordered hundreds of thousands of people to evacuate from their homes...
View ArticleInsurance Company Drones May Be Hitting the Skies
Back in March, our Data Privacy + Security Insider blog reported an increase in the use of commercial drones by State Departments of Transportation across the country. Now, insurance companies are...
View ArticleDrones and Insurance: How Unmanned Aircraft Systems Can Assist Insurers in...
A typical claim for a homeowner will involve some type of damage to the property, which, in turn, prompts the insurer to perform an inspection of the insured property, so as to assess the cause and...
View ArticleThe Southern District Finds Unambiguous Policy Language Controls NYU’s...
The United States District Court for the Southern District of New York recently granted an insurer’s motion for summary judgment in a case arising from Superstorm Sandy based on unambiguous policy...
View ArticleSinkhole Coverage Not Required in Florida for Surplus Lines Insurers: Federal...
Surplus lines insurance is typically provided to insureds who, for various reasons, are not able to secure insurance from an “admitted” or “authorized” carrier in a state. Legal issues surrounding...
View ArticleFlorida Regulator’s Rejection of Sinkhole Endorsement Limiting Coverage To...
Amid a rash of recent, high-profile sinkhole losses, last week Florida’s First DCA affirmed the Florida Office of Insurance Regulation’s interpretation of a state statute as requiring property insurers...
View ArticleEnforceability of 180-Day Requirement for Recovering Replacement Cost...
A federal court in New York recently cast light on the permissibility of property insurance policy provisions that require an insured to repair or replace damaged property within a certain period of...
View ArticleGeneral Contractor Overhead and Profit Ruling Issued by Florida Supreme Court
The Florida Supreme Court recently joined numerous other jurisdictions holding that general contractor overhead and profit should be included in an estimate on a property insurance claim when, based on...
View ArticleFlorida Federal Court Applies Statutory Definition of “Structural Damage” in...
Over the last decade, policyholders and insurers have actively litigated the meaning and scope of “structural damage” under the Florida statutory sinkhole scheme. In 2011, in an effort to resolve the...
View ArticleRecent Decision Finds No Business Income Coverage Where Flood Caused Order of...
When Super Storm Sandy struck the Northeast on October 29, 2012, states, cities, municipalities and towns up and down the East Coast ordered hundreds of thousands of people to evacuate from their homes...
View ArticleNew York Court Rules Duty to Defend Policies Must Explicitly Provide for...
The Second Department, Appellate Division, for the Supreme Court of New York, recently held in a matter of first impression, that an insurance company with a duty to defend may not recover defense...
View Article
