Craig Bennion | Property Insurance Law Observer | May 29, 2019 Most property insurance policies condition the payment of replacement cost value (RCV) on the property first being replaced or repaired, and courts typically enforce that requirement. Replacement cost is not owed until the insured completes repair or replacement. Yet what property adjuster has never… Continue reading Free Ride on RCV? Not So Fast!
Month: June 2019
Anti-Concurrent Clause Enforced Where Loss Was Caused By Covered and Non-Covered Perils
Paul LaSalle | Property Insurance Coverage Law Blog | May 29, 2019 Last week, I had the pleasure of presenting at the Spring Meeting & Seminar of the Professional Public Adjusters Association of New Jersey (“PPAANJ”). One of the more thoroughly discussed topics during my presentation was a recent New Jersey federal court decision involving… Continue reading Anti-Concurrent Clause Enforced Where Loss Was Caused By Covered and Non-Covered Perils
Flood Proof of Loss Filled Correctly? Do Not Lose Benefits By Failing to List Amount Claimed
Verne Pedro | Property Insurance Coverage Law Blog | May 28, 2019 It’s been almost seven years since Superstorm Sandy hit New Jersey and Sandy cases are still wending through New Jersey Courts. A recent Third Circuit Court of Appeals decision discusses the importance of a properly completed proof of loss when submitting a flood… Continue reading Flood Proof of Loss Filled Correctly? Do Not Lose Benefits By Failing to List Amount Claimed
Tennessee High Court Excludes Labor Costs from Insurer’s Actual Cash Value Depreciation Calculations
Michael S. Levine and Geoffrey B. Fehling | Hunton Andrews Kurth | April 24, 2019 The Tennessee Supreme Court has refused to construe an ambiguous definition of actual cash value to allow for deduction of labor costs as part of depreciation calculations where that subset of repair costs are not clearly addressed in the policy. Despite the… Continue reading Tennessee High Court Excludes Labor Costs from Insurer’s Actual Cash Value Depreciation Calculations
The Final Word? The Florida Supreme Court Adopts the Daubert Standard for Evidence
J. Blake Hunter | Butler Weihmuller Katz Craig | May 29, 2019 Prior to 1993, federal and state courts used the standard enunciated in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), to determine whether scientific evidence should be admitted at a trial. The Frye standard requires the offeror of the evidence to establish that the… Continue reading The Final Word? The Florida Supreme Court Adopts the Daubert Standard for Evidence