Matthew J. Revis and Patrick M. McDermott | Hunton Andrews Kurth On March 20, 2023, the Southern District of New York denied a policyholder’s claim for coverage and granted the insurer’s motion for judgment on the pleadings in Pine Management, Inc. v. Colony Insurance Company. The parties disputed whether a real estate liability insurance policy provided defense and… Continue reading When Does a Claim Become a “Claim”? A Lesson on Timely Notice
Category: Insurance Claims
Insurers Slashed Hurricane Ian Payouts Far Below Damage Estimates, Documents and Insiders Reveal
Brianna Sacks | Washington Post A Washington Post investigation has found that some policyholders had their claims cut by more than 80 percent When insurance adjuster Jordan Lee entered the cream-colored house battered by Hurricane Ian, the smell from the rain-soaked carpet made it hard to breathe. Piles of pink insulation covered the worn, white… Continue reading Insurers Slashed Hurricane Ian Payouts Far Below Damage Estimates, Documents and Insiders Reveal
Damages in Construction Claims: Are “Actual Costs” Actually Required?
Ronald Espinal | Bradley Arant Boult Cummings The golden standard for the measure of damages in a construction case alleging defective or incomplete work are the actual costs of completion or repair. That is to say, if there is a breach (or multiple breaches) of quality or quantity promises in a construction contract, each dollar… Continue reading Damages in Construction Claims: Are “Actual Costs” Actually Required?
Florida Appellate Court Holds that Deadline to Report Claims Does Not Nullify Prompt Notice Provision
Evan Holober and Chad Pasternack | Cozen O’Connor Florida’s Third District Court of Appeal recently affirmed a summary judgment entered in favor of a property insurer, holding that there is no conflict between the policy’s three year limitation for reporting hurricane claims and the requirement that the insured give prompt notice. In Navarro v. Citizens Property… Continue reading Florida Appellate Court Holds that Deadline to Report Claims Does Not Nullify Prompt Notice Provision
New California Time-Limited Demand Statute for Insurance Claims Effective Now
Chad W. Dunham | PropertyCasualtyFocus In an effort to promote early resolution of claims and remove ambiguity in bad faith litigation, the California legislature recently passed Senate Bill 1155. Effective January 1, 2023, the bill creates California Code of Civil Procedure Section 999 et seq., a set of rules detailing form requirements for time-limited demands, demand… Continue reading New California Time-Limited Demand Statute for Insurance Claims Effective Now