Indiana Bad Faith Ruling is Reminder that Resolution of Breach of Contract Claims in Favor of Insurer Does Not Necessarily Require Disposal of Tort-Based Bad Faith Claims

Gregory G. Schwab, Carolyn Due, Matthew M. Haar, Joseph C. Monahan, Amy L. Piccola and Thomas S. Schaufelberger – February 12, 2014 Klepper v. Ace American Ins. Co., No. 15A05-1212-CC-645 (Ind. Ct. App. Dec. 5, 2013) Indiana Court of Appeals permits class action plaintiffs to pursue theory of bad faith claims handling even after dismissal… Continue reading Indiana Bad Faith Ruling is Reminder that Resolution of Breach of Contract Claims in Favor of Insurer Does Not Necessarily Require Disposal of Tort-Based Bad Faith Claims

New York’s Highest Court Holds That A Two-Year Limitation Period Is Unenforceable In Certain Circumstances

Shaun Marker – February 17, 2014 New York’s highest court recently held that a policy limitation period, requiring a lawsuit to be brought within two years from the date of loss, is unreasonable and unenforceable…at least under certain circumstances.1 The case involved a loss to an office building severely damaged by fire. The policyholder had… Continue reading New York’s Highest Court Holds That A Two-Year Limitation Period Is Unenforceable In Certain Circumstances

Construction Technology Helps with Claims

ConstrucTech – February 17, 2014 For homebuilders, minimizing risk on a construction job is essential, and long-term. Technology can help with risk management, quality assurance, project-document storage and archiving, customer-service management, insurance-certificate management, and post-warranty claims support. This is essential in the state of California, especially as the industry awaits further clarification as to the… Continue reading Construction Technology Helps with Claims

A Reasonable Investigation of a Water Loss Requires Using Tools to Find the Damage

Chip Merlin – February 6, 2014 Water loss claims are often wrongfully adjusted because the insurance adjusters does not fully investigate the loss. Damage that is hidden behind walls, roofs, ceiling and floor can be detected by using tools that are made for finding water and moisture in these areas. In my research involving “ice… Continue reading A Reasonable Investigation of a Water Loss Requires Using Tools to Find the Damage

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