Calculating RCV and ACV for Structures and Personal Property in California in 2019

Daniel Veroff | Property Insurance Coverage Law Blog | March 25, 2019 California has statutory and case law that defines replacement cost and actual cash value, and these laws are read into every insurance policy notwithstanding what the policy language says. This blog has several posts on the subject,1 and this post aims to give you… Continue reading Calculating RCV and ACV for Structures and Personal Property in California in 2019

Can An Insurer Waive Its Right to Appraisal?

Iris Kuhn | Property Insurance Coverage Law Blog | March 23, 2019 The purpose of Section 627.7015, Florida Statutes titled “Alternative procedure for resolution of disputed property insurance claims” is to encourage insurance companies and policyholders to resolve their disagreements regarding disputed property insurance claims without the necessity of litigation or appraisal. The statute requires, in part:… Continue reading Can An Insurer Waive Its Right to Appraisal?

A Good-Faith Attempt to Limit Unwarranted Bad-Faith Liability in Georgia

Tiffany L. Powers, Kyle G.A. Wallace and Bryan W. Lutz | Alston & Bird | March 20, 2019 A victory for insurers in Georgia’s Supreme Court clarifies state law on liability for failing to settle a claim. Our Insurance Litigation & Regulatory Team offers three key holdings that will limit an insurer’s potential exposure. The… Continue reading A Good-Faith Attempt to Limit Unwarranted Bad-Faith Liability in Georgia

The Economic Loss Rule and Why It Matters in Construction Litigation

William S. Durr | Ward and Smith | March 20, 2019 In its broadest sense, the “economic loss rule” prohibits recovery in tort for purely economic loss incurred under contract law.  The Merriam-Webster Dictionary online defines tort as “a wrongful act other than breach of contract for which relief may be obtained in the form of damages… Continue reading The Economic Loss Rule and Why It Matters in Construction Litigation

Getting the Xactimate Construction Price Right!

Chip Merlin | Property Insurance Coverage Law Blog | March 21, 2019 Xactimate construction price expert Steve Shannon told me that Merlin Law Group should make a seminar called, The Price is Right! I was listening to him and OSHA expert witness, Kevin Dandridge, discuss various issues of construction worker and site safety and where those costs should… Continue reading Getting the Xactimate Construction Price Right!

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