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Insurance Industry Policy Terms Homeowner's Insurance

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

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

Marshall Dennehey

Florida Statute § 627.70152 Applies to All Insurance Policies, Regardless of the Date of the Policy’s Inception

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Sanchez v. Security First Insurance Co., No. 3D22-1109 (Fla. 3d DCA Mar. 6, 2024) - In March, the Third District Court of Appeals affirmed dismissal of a complaint for its failure to comply with Florida Statute § 627.70152....more

Fox Rothschild LLP

Could the Crumley Verdict Affect Gun Control in the U.S.?

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We wrote the other day about the trial of a Michigan mother charged with involuntary manslaughter for not taking steps to prevent her son from acquiring a gun and taking it to his school where he killed four people. Yesterday...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

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

Marshall Dennehey

Florida’s 4th DCA Decides Insurer’s Presuit Notice Requirement Is Procedural in Nature and Applies Retroactively

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In a decision that continues to fuel the dispute between the plaintiff and defense bar, Florida’s Fourth District Court found that the presuit notice provision of section 627.70152 is procedural in nature and, as such,...more

Carlton Fields

“Belt and Suspenders” Don’t Need Zip: Federal New York Court Rejects Timeliness Obligation for Optional Disclaimer

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In Adirondack Insurance Exchange v. Banagos, the Eastern District of New York held that an insurer is not required to send a disclaimer letter where a loss does not fall within the scope of the insuring agreement and...more

Bressler, Amery & Ross, P.C.

Insurance Litigation Group Scores Appellate Victory with the Fourth District Court of Appeal’s Recent Decision in Jennifer...

On March 26, 2021, the Fourth District issued a ruling in the matter of  Jennifer Mezadieu v. Safepoint Insurance Company, which critically cemented the principle that ‘intentionality’ on the part of an insured is not a...more

Baker Donelson

Considerations for Insurance Providers Handling Homeowners Claims from Winter Storm Uri

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As Winter Storm Uri swept across Texas over President's Day weekend, the temperature hit record lows and dumped snow in areas that have rarely seen snow before. Millions of people experienced several days of power outages and...more

Butler Snow LLP

Got mold? If so, you probably don’t have insurance coverage for it.

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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

Robinson+Cole Property Insurance Coverage...

Residence Premises Condition: New York Trial Court Grants Summary Judgment Based On a Finding of A “Feigned” Affidavit

A New York trial court recently granted an insurer’s motion for summary judgment pursuant to the “Residence Premises Condition” contained in a homeowner’s insurance policy. Aschmoneit v. Adirondack Insurance Exchange, 2018...more

Robinson+Cole Property Insurance Coverage...

The Definition of “Reside” Under Homeowners’ Policies in Michigan and New York: Two Appellate Courts Provide Further Insight

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....more

Rumberger | Kirk

Resolving The Multiple Peril Puzzle In First Party Insurance Claims

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First party insurance claims involving multiple perils present unique challenges when assessing whether an insurance policy provides coverage. For example, suppose an insurance policy covers damage resulting from fire, but...more

Jaburg Wilk

Arizona Allows Insured to Avoid Removal by Naming Adjuster as Defendant

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In Chukly v. American Family Mut. Ins. Co., 2017 WL 3262541 (D.Ariz. Aug. 1, 2017) (Order), a breach of contract and insurance bad faith case arising from a homeowners claim after a microburst and “massive rain,” the Arizona...more

Butler Weihmuller Katz Craig LLP

Contingency Fee Multipliers: Florida Supreme Court Rejects Rare and Exceptional Circumstances Requirement

Contingency fee multipliers increase attorney fee awards substantially. The general custom in American law is that each party is responsible for his or her own attorney’s fees, regardless of the outcome of the action. See...more

Carlton Fields

Texas Supreme Court Clarifies When Insured May Recover Policy Benefits

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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...

Innocent or Unintentional Mistake in Application is Irrelevant: NY’s Second Department Finds Rescission Appropriate and Affirms...

When an insurer finds that the insured misrepresented a material fact in an application for insurance, the insurer may rescind the policy of insurance, and take the position that no coverage exists for a claimed loss. In a...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

Carlton Fields

Unlike Friendships, Policy Exclusions Are Not Severable In West Virginia

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A homeowners insurance policy often covers every member of a family, and many policies state that the insurance applies separately to each insured. The same policies usually exclude coverage for intentional acts. But what...more

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