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White and Williams LLP

A Matter Judged: Subrogating Insurers Should Beware of Prior Suits Involving the Insured

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In New Jersey Mfrs. Ins. Co. v. Lallygone LLC, No. A-2607-22, 2024 N.J. Super. Unpub. LEXIS 120, the Appellate Division of the Superior Court of New Jersey (Appellate Division) considered whether New Jersey Manufacturers...more

Zelle LLP

Appraisal is an Appraisal is an Appraisal, Except in Mass.

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Like Gertrude Stein’s “rose”, an appraisal is an appraisal is an appraisal except in Massachusetts. Massachusetts’ version of appraisal is a statutory process named “reference.” Although a reference proceeding is very similar...more

Zelle LLP

Symptoms of the Texas Progressive Claim Syndrome

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Those familiar with the issues faced by insurers in Texas first-party insurance claims, particularly in the realm of hail damage claims, are undoubtedly aware of what has been labeled the "Progressive Claim Syndrome.” In a...more

Carlton Fields

Florida Federal Court Limits First Party Bad Faith Claims

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First party bad faith actions in Florida must be pursued under §624.155 Florida Statutes because Florida does not recognize common law first party claims. The statute provides that an insured may bring a civil action against...more

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