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

Alycen A. Moss | Property Insurance Law Observer | June 20, 2017 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 define “actual cash value” or “depreciation.” See Henn v.… Continue reading Depreciation of Labor Costs When Determining Actual Cash Value: Henn v. American Family

Does Actual Cash Value Mean Fair Market Value or Replacement Cost minus Depreciation?

Kevin Pollack | Property Insurance Coverage Law Blog | June 4, 2017 What is an insured, who has an “actual cash value” property insurance policy, entitled to recover when their property is damaged, but not a total loss? Is the insured entitled to the cost to repair/replace the property minus depreciation? Or is the insured’s… Continue reading Does Actual Cash Value Mean Fair Market Value or Replacement Cost minus Depreciation?

The 7 Habits of Highly Effective Coverage Adjusters

Denise Johnson | Claims Journal | June 8, 2017 Good coverage adjusters don’t keep score of coverage denials and consider the policyholder, underwriter and agent perspectives when reviewing coverage, according to Kevin Quinley, founder and principal of Quinley Risk Associates. Quinley, who has nearly four decades of claims handling experience under his belt, said coverage… Continue reading The 7 Habits of Highly Effective Coverage Adjusters

Builder Must Respond To Homeowner’s Notice Of Claim Within 14 Days Even If Construction Defect Claim Is Not Alleged With The “Reasonable Detail” Required By California’s Civil Code – Blanchette v. Superior Court (2017) 8 Cal.App.5th 521

Richard H. Glucksman and David A. Napper | Chapman Glucksman | May 25, 2017 On February 10, 2017, California’s Fourth District Court of Appeal held that if a builder fails to acknowledge receipt of a homeowner’s Notice of Claim within 14 days, as required by the Right to Repair Act (“SB800”), specifically California Civil Code §913, the… Continue reading Builder Must Respond To Homeowner’s Notice Of Claim Within 14 Days Even If Construction Defect Claim Is Not Alleged With The “Reasonable Detail” Required By California’s Civil Code – Blanchette v. Superior Court (2017) 8 Cal.App.5th 521

Courts Misunderstand the Meaning of “That Particular Part”

David Smith | Policyholder Perspective | June 7, 2017 This is part one of a two-part series looking at how court decisions in recent years have thwarted general contractors’ reasonable expectation of coverage under their general liability policies. In early March, the Ninth Circuit Court of Appeals issued an unpublished opinion in Archer Western Contractors v.… Continue reading Courts Misunderstand the Meaning of “That Particular Part”

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