News & Analysis as of

Proof of Loss Insurance Claims Insurance Industry

Cozen O'Connor

Claims Notes - November 2024

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After several hurricanes, a church submitted a first-party property claim. The church also had pending coverage litigation from prior tornado damage. On October 12, 2020, the independent adjuster (IA) inspected and...more

Pillsbury - Policyholder Pulse blog

Hurricanes Helene and Milton: 8 Key Insurance Coverage Issues Impacting the Availability and Amount of Recovery

In the aftermath of two powerful hurricanes the process of assessing the damage and rebuilding begins. Businesses suffered billions of dollars in losses during hurricanes Helene and Milton, both in physical property damage...more

Rivkin Radler LLP

August 2024 New York Insurance Coverage Law Update

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Merchants Preferred Insurance Company filed a declaratory judgment action in New York seeking a declaration that it had no duty to defend or to indemnify its insureds in an underlying Florida personal injury action arising...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

Flaster Greenberg PC

Eight Steps to Recovering Under Your Florida or New Jersey Hurricane Insurance Policy

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The threat of hurricanes is very real for southern states from Texas to Florida and eastern states from Florida to New Jersey, New York, and even Maine during the six-month long Atlantic hurricane season, which runs from June...more

Rodemer Kane Attorneys at Law

Understanding Colorado Law Regarding Total Loss Vehicles

Colorado, like many states, has specific laws and regulations in place when it comes to determining a vehicle's total loss status. When your car sustains significant damage, whether due to an accident, natural disaster, or...more

Lowenstein Sandler LLP

The Calm Before the Storm: Planning for Catastrophic Weather Events

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In this episode of “Don’t Take No for an Answer,” hosts Lynda A. Bennett and Michael Lichtenstein of Lowenstein’s Insurance Recovery Group provide recommendations for preparing corporate insurance policies for the next...more

Adams and Reese LLP

Bad Faith on the Bayou

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The last few years have brought unprecedented hurricane seasons in the Gulf South, with Louisiana’s coastal communities bearing much of the impact. Those storms brought property damage; that property damage brought insurance...more

Buchalter

Buchalter COVID-19 Client Alert: Stop the Clock: Relief from Your Insurer Claiming a Notice Time Bar During the Pandemic

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A dangerous trap for an unwary insured looking for insurance coverage can be a notice provision. To trigger certain liability insurance policies, the insurer may require that a “claim” be both made against an insured and that...more

Jones Day

When the Show Cannot Go On: Maximizing Insurance Recoveries for Event Cancellations

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The Situation: On the evening of July 13, 2019, a massive blackout struck Manhattan's West Side, prompting the cancellation of 26 out of 30 Broadway performances and postponement of the second night of Jennifer Lopez's...more

Pillsbury - Policyholder Pulse blog

All “Hail” the Importance of Documenting Claims

A recent case in the Fifth Circuit, Certain Underwriters at Lloyd’s of London v. Lowen Valley View, L.L.C., provides a valuable reminder to policyholders of the importance of promptly investigating any event that could cause...more

K&L Gates LLP

OnRisk: Business Interruption Insurance for Hurricane Losses

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In this episode of OnRisk, K&L Gates attorneys John Sylvester and Paul Fuener discuss business interruption insurance for hurricane losses, highlighting important steps that policyholders can take to protect their interests...more

Carlton Fields

Opening The Pandora’s Box Of Flood Policies, Or How Filing Suit Against Flood Insurers Can Effectively Reduce The Suit Limitations...

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When is an insurer’s “Rejection of Proof of Loss” letter for flood insurance damage, which states on its face that it “is not a denial of your claim,” nevertheless a written denial of claim? According to the Third Circuit in...more

Carlton Fields

Oregon Supreme Court Revives Century-Old Statute to Award Attorney’s Fees to Policyholder

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The general rule regarding a party’s responsibility for legal fees in U.S. courts, known as the “American Rule,” provides that, barring a contrary contractual obligation or statute, each party is responsible for its own legal...more

Butler Weihmuller Katz Craig LLP

Adjuster Tools for Water Losses

Lois Chamberlain sat down at her desk, adjusted her reading glasses, and stared at the screen filled with columns of check requests — each supported by a claim summary. Lois was two weeks from her retirement party. She...more

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