We have written on the topic of late notice a number of times. Typical property insurance policies require that the insured notify its carrier of a loss promptly. The purposes of such a provision include allowing an insurer to
Property Insurance Coverage Insights
Property Insurance Coverage Insights, published by Robinson & Cole LLP, focuses on legal issues related to property insurance policies. The blog covers topics such as duty to defend and indemnify under insurance contracts, recoupment of defense costs, business interruption claims including COVID-19 related exclusions, assignment of benefits disputes, enforcement of suit limitation provisions, and legislative developments addressing insurance claim abuses. It analyzes court rulings and statutory changes affecting insurers, insureds, and contractors, with attention to policy interpretation, exclusions, and procedural requirements in property insurance litigation and claims handling.
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The Definition of “Reside” Under Homeowners’ Policies in Michigan and New York: Two Appellate Courts Provide Further Insight
By Soo Y. Kim
Two appellate courts recently examined the scope of a homeowners policy’s requirement that the insured reside at the property at the time of loss. Both cases involve claims of loss involving a house fire, and in both cases, claims were…
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”
By Max Daley
Recently, in Mallek v. Allstate Indem. Co. No. 17-CV-5949-KAM-SJB, 2018 U.S. Dist. LEXIS 42171 (E.D.N.Y. Mar. 12, 2018), a federal magistrate in New York recommended that the Court deny a plaintiff’s motion to remand and suggested that removal was proper…
Massachusetts Reference Award and Alleged Chapter 93A Violation Addressed By Federal District Court Opinion
The Massachusetts reference process is a creature of statute designed to provide an expeditious method to resolve disputes over the amount of loss covered by a property insurance policy. While a reference panel cannot decide coverage issues, its calculation of…
Eastern District of New York Upholds Flood Exclusion in Superstorm Sandy Case
Nearly five years after Superstorm Sandy, some consistent themes are beginning to emerge from the increasingly robust body of property coverage case law related to the storm. A recent decision from the Eastern District of New York addresses a topic…
Hurricane Harvey, the Texas Supreme Court, and Anti-Concurrent Causation
Many commercial and residential property insurance claims arising from major hurricanes like Hurricane Harvey present damage caused by multiple causes of loss, some of which may be covered (e.g., wind) and some of which may not (e.g., flood). One of…
Texas Department of Insurance Issues Additional Bulletins Relating to Hurricane Harvey
Last week, we wrote a post about a number of bulletins of potential interest to property insurers issued by the Texas Department of Insurance concerning the appropriate conduct of those involved in the insurance claims process in the aftermath of…
New Texas Insurance Code Chapter 542A, Effective September 1, 2017, May Reduce The Number of Harvey Lawsuits
Recently, the Texas legislature acted to curb abusive lawsuits filed by insureds as a result of hailstorm and other property insurance claims. According to the Executive Director of The Texas Coalition for Affordable Insurance Solutions (TCAIS), the sheer quantity of…
Texas Department of Insurance Issues Bulletins Relating to Hurricane Harvey
With flood waters yet to fully recede, and the cleanup and recovery efforts from the damage caused by Hurricane Harvey and its aftermath in southeast Texas just beginning, the Texas Department of Insurance issued a number of bulletins on August…
Connecticut Supreme Court Reaffirms Court’s Limited Power To Review Appraisal Awards
The Connecticut Supreme Court recently handed down an important decision reiterating the high bar to overturning arbitration awards while, at the same time, clarifying a portion of the applicable statute providing for vacating an arbitration award as well as a…