What is an Appraisal?
In the recent decision Universal Property & Casualty Insurance Co. v. Qureshi, the Florida Fourth District Court of Appeal held that homeowners cannot recover replacement cost benefits unless they have incurred expenses for...more
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
Citizens Prop. Ins. Corp. v. Barberan, Fla. 2nd DCA, 2D22-2744, Apr. 3, 2024 - In April, the Second District Court of Appeal affirmed the lower court’s ruling that a statutory change, which added a definition for the term...more
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
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
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
It’s a volatile time within the private client insurance market, and California homeowners are in a tough spot as we head further into 2023. Specialized affluent market insurers in the state continue to struggle to offer...more
Southern District Finds That Exclusion In HO3 Form Precludes Coverage Even Though Form Inadvertently Omitted From Copy Of Policy Sent To Insured- Scottsdale Insurance Company issued a homeowner’s policy to 232 Dune Road...more
In Ali Heidari v. Golden Bear Insurance, a California appeals court recently affirmed a lower court’s decision to deny relief under a CGL policy, where the policy excluded from coverage work performed by subcontractors under...more
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
Our December Insurance Update features four cases. The Minnesota Supreme Court decides if a resident-relative exclusion violates public policy. A Texas appellate court considers, for a second time, if damage from...more
On April 30, 2021, the Florida legislature passed SB 76, which includes important provisions that will impact Florida property insurance claims handling and litigation. Governor Ron DeSantis signed the bill into law on June...more
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
It happens all the time – a water leak in a house or other building goes unnoticed for some period of time, and then mold appears. Insurance policies generally provide coverage to repair water damage, provided other policy...more
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
• The Florida Senate recently passed assignment of benefits (AOB) legislation that is expected to be signed by Gov. Ron DeSantis. The bill is intended to bring much needed reform to the abused and litigious practice of...more
On April 24, 2019, the Florida Legislature passed a bill (the “Act”) to reform the requirements for the assignment of benefits of claims for residential and commercial property insurance. The Act is expected to become law....more
Any good trial lawyer will tell you that the law is about telling stories. Once upon a time, Timothy and Stacy Creamer bought a house. Only after they closed did they realize that some strategically placed rugs were hiding...more
In a recent opinion, Judge Schmehl of the Eastern District of Pennsylvania denied a forced placed insurer’s Motion to Dismiss a suit brought by the assignee of a homeowner for water damage to the home. In Williams v....more
Florida homeowner insurers are seeing a significant increase in claims and litigation and are seeking ways to avoid costly litigation and expedite the claims process for their insureds. One option for the insurer is to...more