Nicole Vinson | Property Insurance Coverage Law Blog | March 19, 2016 Researching on a case this week, I came across a favorable ruling for a policyholder where the court ruled that the check from the insurance company should not be 50% of the value, but should be for 100% of the loss.1 Consider the… Continue reading Making Sure the Property Damage Check is for 100% of the Loss
Tag: insurance claim
Attorney Work Product and Hiding the Coverage Opinion – A Refresher on Attorney-Client Privilege
Patrick McGinnis | Property Insurance Coverage Law Blog | February 25, 2016 Recently, while going through the insurance company claim file on two cases, I saw references to a coverage opinion letter from a lawyer (or referencing emails shared between the adjuster and an attorney about coverage). These communications occurred in the claims handling process… Continue reading Attorney Work Product and Hiding the Coverage Opinion – A Refresher on Attorney-Client Privilege
Calculating Actual Cash Value, Part 18: Minnesota
Shane Smith | Property Insurance Coverage Law Blog | February 21, 2016 In Minnesota, The broad evidence rule determines “actual cash value.”1 In Wilcox v. State Farm Fire and Casualty Company,2 the Minnesota Supreme Court recently ruled that in the absence of specific language in a policy identifying a method of calculating actual cash value… Continue reading Calculating Actual Cash Value, Part 18: Minnesota
Claim of Future Injury Not Basis For Declaratory Relief
Barry Zalma | Zalma on Insurance | February 5, 2016 When the Supreme Court of the state of Georgia decided State Farm Mutual Automobile Insurance Co. v. Mabry, 274 Ga. 498, 556 S.E.2d 114 (Ga. 11/28/2001) it opened the door to litigation against insurers who determined actual cash value losses by determining full replacement cost… Continue reading Claim of Future Injury Not Basis For Declaratory Relief
Common Sense Prevails: State of Collapse Nonexistent Thirteen Years before Discovery of Decay
Craig Bennion | Property Insurance Law Observer | February 8, 2016 For years, property insurance policies that exclude rot damage have been called upon to cover rot because the policies extend coverage to “collapse”—an undefined term—caused by hidden decay, even if the structure remains standing and in use. The Homeowners Association of the Queen Anne… Continue reading Common Sense Prevails: State of Collapse Nonexistent Thirteen Years before Discovery of Decay