News & Analysis as of

Homeowner's Insurance Insurance Industry Insurance Claims

Sheppard Mullin Richter & Hampton LLP

An Insurer is not Vicariously Liable for Actions by an Agent That Are Outside the Scope of the Agency Relationship and Were...

In December 2020, Plaintiff Erin Hughes applied for homeowners coverage for her Malibu home with her Farmers’ insurance agent. Hughes obtained a fire policy through the California FAIR Plan and a homeowners policy through...more

Zelle  LLP

Homeowners Did Not Substantially Meet Policy’s Condition Precedent to Recover Replacement Cost Value

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Property Insurance/Replacement Cost - Homeowners Did Not Substantially Meet Policy’s Condition Precedent to Recover Replacement Cost Value - Insurer Did Not Waive Conditions - Henderson v. State Farm Fire and...more

Jones Day

Maximizing Insurance Recoveries for Hurricane Helene Losses and the Remainder of the 2024 Hurricane Season

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The Situation: On September 26, 2024, Hurricane Helene made landfall and left a path of destruction from the Florida coast through North Carolina, with total insured losses estimated in the tens of billions of dollars....more

Rodemer Kane Attorneys at Law

What Is an Example of a Bad Faith Claim?

When dealing with insurance companies, one expects a straightforward process—pay your premiums, and when misfortune strikes, your insurer covers the costs as promised. Unfortunately, this isn't always the case....more

Marshall Dennehey

Where a Windstorm Loss Occurs During a “Hurricane Occurrence,” the Loss Must Bear at Least Some Causal Nexus With the Hurricane...

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Florida Farm Bureau General Insurance Company v. Linda Williams, 5D23-0183 (Fla. 5th DCA, Apr. 9, 2024) - In this case, Florida’s Fifth District Court of Appeals addresses proper application of a hurricane deductible. The...more

Butler Weihmuller Katz Craig LLP

New Florida Case Affects Presentable Damages in Homeowner’s Insurance Cases

A new Florida appellate decision may dramatically affect recovery in homeowner property insurance lawsuits.   In Universal Property & Casualty Insurance Company v. Qureshi, No. 4D2023-1338 (Fla. 4th DCA, July 24, 2024), a...more

Cozen O'Connor

Louisiana Court Finds That an Insured Breached its Duty to Cooperate

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The recent decision of Marcantel v. State Farm Fire, No. 2:22-CV-01511, 2024 U.S. Dist. LEXIS 111077 (W.D. La. June 24, 2024) offers valuable lessons for policyholders regarding the importance of cooperation in the insurance...more

Cozen O'Connor

What’s in a Name (Insured)? Pennsylvania Federal Court Holds Homeowners’ Insurance Policy’s Requirement to Submit to Examination...

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A federal court recently held that an insurer could not deny coverage under a homeowner’s policy based upon the failure of the named insured’s son, an “insured person,” to submit to an examination under oath (“EUO”). In...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - November 2023

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New York’s Highest Court Holds That Portion Of Premium Need Not Be Refunded For Death During Policy Period Of Universal Life Policy- The Joan C. Lupe Family Trust purchased a policy under which Lincoln Life and Annuity...more

Cozen O'Connor

There’s No Place Like Home! Kansas Federal Court Holds Homeowner’s Policy Coverage Requires Policyholder to Physically Reside at...

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A federal court recently held that an insurer may deny coverage under a homeowner’s policy for a “residence premises” when the insured never actually lived at the premises. In Sina Davani v. Travelers Personal Insurance...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - September 27, 2023

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Eastern District Finds That Insurer’s Delay In Disclaiming After Insured Gave Notice Of Occurrence Precluded Insurer’s Reliance Upon Exclusions Two employees of Extreme Residential Corp. were involved in a construction...more

Carlton Fields

Alabama Federal Court Finds No Duty to Defend Lawsuit Alleging Concealment of Defects in Sale of Home

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In Nationwide Mutual Fire Insurance Co. v. Carmichael, the U.S. District Court for the Northern District of Alabama, applying Alabama law, entered summary judgment ruling that Nationwide Fire Insurance Co. had no duty to...more

Rivkin Radler LLP

Who Is Responsible for Property Damage after a Hurricane?

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Long Island is especially beautiful in late summer and early autumn. The sizzling summer heat has started to fade, the leaves on the area’s stately trees are green, and the warm water temperatures continue to attract ...more

Hinshaw & Culbertson - Insights for Insurers

Scott Seaman Discusses Insurers' Steps to Limit Exposures in California and Florida Homeowner Insurance Markets

The increased frequency and severity of weather events have been felt globally, but California, Louisiana, and Florida are among the U.S. states that have been hit particularly hard. In response, three of the four biggest...more

Rivkin Radler LLP

Insurance Update - July 2023

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We bring you our July Insurance Update. We begin with two cases about late notice. First, the Kentucky Supreme Court considers whether the notice-prejudice rule applies to claims-made-and-reported policies. Second, the...more

Conn Kavanaugh

Lessons Learned from Amber Heard and Bill Cosby: Homeowners Coverage for Defamation Claims

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We all love to focus on the extravagant lives of celebrities, but how about the mundane aspects of their lives, like insurance? It might surprise you that many well-known people have used their homeowners insurance policies...more

Carlton Fields

Is the Broken Florida Homeowners Insurance Market Finally Fixed?

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Between 2017 and 2022, 11 property and casualty insurers writing mainly homeowners insurance in Florida, where they were domiciled, were declared insolvent and placed in liquidation. This does not include any potential...more

Cozen O'Connor

Intentional Loss Exclusion Could Apply Even to Unintended Damage, Says the Tenth Circuit

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The Tenth Circuit recently held that, under Kansas law, an intentional loss exclusion precludes coverage for damage caused by an intentionally set fire even if the actual resulting damage is unintended. In Taylor et al. v. LM...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - June 2022

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In late 2016, a roofing contractor stepped through the insured’s roof resulting in damage to the roof and internal water damage. The insured did not file a claim with its property insurer until early 2018, more than a year...more

Woodruff Sawyer

AIG Leaves California: The Challenge of Homeowner’s Insurance

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At the end of 2021, securing homeowner’s insurance became more complicated for individuals in California. Kathleen Zortman, President and CEO of AIG Private Client Group, alerted the personal insurance industry of her...more

Morris James LLP

Will Homeowners’ Insurance Cover a Boating Accident?

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As the summer kicks off, many people are getting out on the Delaware waterways and oceanfront in kayaks, jetskis, speedboats, and other personal watercraft. With increased activity on the water, there are inevitably more...more

Chartwell Law

Did the 4th District Court of Appeal Make Any Real Change to an Insurer’s “Late Notice” Defense?

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A condition precedent to receiving coverage under almost any insurer’s homeowner’s policy is an obligation for the insured to provide reasonably “prompt” notice of any loss. However, most policies never define what...more

McDermott Will & Emery

California Wildfires: Commissioner Makes Requests of Residential Property Insurers

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On Friday, October 2, Insurance Commissioner Ricardo Lara of the California Department of Insurance (“Department”) published a Notice addressed to and making several “requests,” detailed below, of both admitted and...more

Hinshaw & Culbertson LLP

Commonsense Prevails; Intentional Attack is not an Insured Accident

In a significant and likely influential decision, the Delaware Supreme Court recently reversed a lower court decision and held that the insured's intent—not that of the victim—controls whether or not bodily injury is an...more

Jaburg Wilk

What is an Appraisal?

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When the insured and insurer disagree on the amount of a particular loss, an appraiser can help settle the matter. Partner and insurance attorney Nate Meyer explains an appraiser's role in this video. ...more

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