Calculating Actual Cash Value, Part 28: Nevada

Shane Smith | Property Insurance Coverage Law Blog | August 2, 2017 There are two relevant cases that have addressed how to calculate actual cash value in Nevada: Replacement Cost Less Depreciation. The first case is a Ninth Circuit Court of Appeals opinion, Sierra Pacific Power Company v. Hartford Steam Boiler Inspection & Insurance Company.1 Here, the… Continue reading Calculating Actual Cash Value, Part 28: Nevada

Colorado Joins a Growing List of Jurisdictions Allowing Depreciation of Labor Costs When Determining Actual Cash Value

Larry Bache and Jonathan Bukowski | Property Insurance Coverage Law Blog | August 8, 2017 While I often argue that depreciating labor simply does not make sense, insurers continue to push the question of whether the depreciation of labor costs in Actual Cash Value policies is acceptable. Though several jurisdictions have rejected the depreciation of… Continue reading Colorado Joins a Growing List of Jurisdictions Allowing Depreciation of Labor Costs When Determining Actual Cash Value

Court Permits Recovery of Interest on Appraisal Award

Christina Phillips | Property Insurance Coverage Law Blog | July 30, 2017 The Minnesota Supreme Court recently held that Minnesota Statute §549.09 does not require an underlying breach of contractor or actionable wrongdoing to recover preaward interest on an insurance appraisal award in Poehler v. Cincinnati Insurance Company.1 The insured’s home was damaged by a fire,… Continue reading Court Permits Recovery of Interest on Appraisal Award

Is California’s Right-to-Repair Statue Really the Exclusive Remedy in Construction Defect Ligitation?

Elizabeth D. Beckman | Kramer deBoer & Keane, LLP Approximately fifteen years after California Governor Grey Davis signed into law Senate Bill 800,1 and much related judicial dispute, the California Supreme Court is set to resolve the legal standard for handling of construction defect claims in the matter of McMillan Albany, LLC v. Superior Court.… Continue reading Is California’s Right-to-Repair Statue Really the Exclusive Remedy in Construction Defect Ligitation?

Insurance Bad Faith Can Also Be Found When an Insurer Fails to Properly Investigate the Claim

Denise Sze | Property Insurance Coverage Law Blog | July 31, 2017 Insurance Codes are regulated by each state, but ask any insurance company representative in any state and they will tell you it is an insurance company’s duty to place the insured’s interest ahead of the insurance company’s interests; and the proper way to… Continue reading Insurance Bad Faith Can Also Be Found When an Insurer Fails to Properly Investigate the Claim

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