Tred R. Eyerly | Insurance Law Hawaii The insurer’s motion to dismiss claims for improper claims handling when considering implementation of depreciation was denied. Morrison v. Indian Harbor Ins. Co, et al., 2024 U.S. Dist. LEXIS 115664 (S. D. W. Va. July 1, 2024). Plaintiff’s home suffered flood damage. The house was… Continue reading Homeowner Survives Motion to Dismiss Depreciation Claims
Tag: Depreciation
Judgment for Insurer Reversed Due to Failure to Establish Depreciation
Tred R. Eyerly | Insurance Law Hawaii The trial court erred in placing the burden on the policyholder to establish depreciation in determining the actual cash value of the loss. SFR Serv., LLC v. Tower Hill Prime Ins. Co., 2023 Fla. App. LEXIS 3570 (Fla. Ct. App. May 26, 2023). The insureds’… Continue reading Judgment for Insurer Reversed Due to Failure to Establish Depreciation
Missouri Takes A Stand On Depreciation
Alycen A. Moss and Dakota Knehans | Property Insurance Law Observer On June 28, the Missouri Court of Appeals upheld a lower court’s decision finding Lexington Insurance Company (“Lexington”) breached its policy with homeowner Cynthia Franklin. Franklin’s home has sustained damage in a May 2016 storm for which she submitted a claim with Lexington. Lexington… Continue reading Missouri Takes A Stand On Depreciation
Why A Cost Segregation Study Is A Good Idea — Accelerate Depreciation Deductions To Reduce Taxes And Boost Cash Flow
Mark Thomson | Ostrow Reisin Berk & Abrams The COVID-19 pandemic has resulted in many companies conserving cash and not buying much equipment during the past year. An unintended downside is that you may not be able to claim the same amount of depreciation tax deductions as you have in past years. What can you… Continue reading Why A Cost Segregation Study Is A Good Idea — Accelerate Depreciation Deductions To Reduce Taxes And Boost Cash Flow
Why is the Carrier so Quick to Argue the Wear and Tear Exclusion?
Nicole Vinson | Property Insurance Coverage Law Blog | June 26, 2019 Chip Merlin posted about the Wear and Tear Exclusion just last month in Wear and Tear Exclusions Versus Depreciation For Resulting Damage To Worn and Torn Older Parts of a Structure. Explaining about wear and tear, Chip gave this example: The judge made up… Continue reading Why is the Carrier so Quick to Argue the Wear and Tear Exclusion?