News & Analysis as of

Homeowner's Insurance Severe Weather

Marshall Dennehey

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

Marshall Dennehey on

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

White and Williams LLP

ISO’s Flood Exclusion Amendments and Hurricane Ian Claims

White and Williams LLP on

I understand that it may seem early to be addressing possible coverage issues, under homeowner’s policies, for the devastation in Florida caused by Hurricane Ian. At the moment, those affected are dealing with a major...more

Zelle  LLP

Hurricane Dorian First Party Property Claims Checklist (Florida)

Zelle LLP on

On August 28, 2019, Governor Ron DeSantis issued Executive Order number 19-189 officially declaring a state of emergency in Baker, Bradford, Brevard, Broward, Clay, Duval, Flagler, Glades, Hendry, Highlands, Indian River,...more

Cozen O'Connor

Depreciation of Labor Costs When Determining Actual Cash Value: Henn v. American Family

Cozen O'Connor on

In February, the Nebraska Supreme Court held that it is acceptable for insurance companies to depreciate labor costs when determining the actual cash value (ACV) of damaged property, even when the insurance policy does not...more

Carlton Fields

Texas Supreme Court Clarifies When Insured May Recover Policy Benefits

Carlton Fields on

In an effort to clarify over 20 years of conflicting precedent, the Texas Supreme Court announced five rules that, according to the court, explain the relationship between claims for breach of insurance policy and...more

Robinson+Cole Property Insurance Coverage...

Unequivocal Denial: District of New Jersey Court Outlines What is Not Necessary

We have previously featured New Jersey District Court decisions addressing “unequivocal” denials in the context of policies’ suit limitation provisions. In the latest, Ryan v. Liberty Mut. Fire Ins. Co., No. 14-6308...more

Robinson+Cole Property Insurance Coverage...

New Jersey Federal Court Confirms Application of Anti-Concurrent Causation Language in Hurricane Sandy Lawsuit

Readers of this blog may note that we have previously discussed the topic of anti-concurrent causation clauses in various jurisdictions around the country. As a quick reminder, an anti-concurrent causation clause is that...more

Cozen O'Connor

Florida to Decide What Test Applies When Concurrent Multiple Perils Cause a Loss

Cozen O'Connor on

For years, Florida courts have been seesawing between two different doctrines to determine whether there is coverage under a property policy when two perils – one excluded and one included — combine to cause a loss. Two...more

Carlton Fields

Senate Bill 900 Amends Operations Of Texas State Backed Insurer

Carlton Fields on

On September 1, 2015, Texas Senate Bill 900 went into effect after passing both the Texas House and Senate this past summer. The bill amends the operation of the Texas Windstorm Insurance Association (“TWIA”), a state backed...more

Cozen O'Connor

Hurricanes vs. Wildfires — 2015’s Dramatic Contrast

Cozen O'Connor on

Two of this blog’s four rotating headers depict a hurricane and a fire as examples of potentially-destructive types of property damage, and the hurricane season (June through November) and the wildfire season (late spring...more

Cozen O'Connor

Kansas Court Sanctions Depreciation of Labor to Determine Actual Cash Value

Cozen O'Connor on

Two of our previous posts reported that Arkansas and Kentucky courts have now barred insurers from depreciating labor—as opposed to materials—when arriving at actual cash value (ACV). Last Wednesday in Graves v. American...more

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