Property Insurance Coverage Law

JUNE 9, 2025

The recent decision in Briarwood Office Center II Condominium Association v. West Bend Mutual Insurance Company 1 highlights a critical lesson for anyone involved in the insurance appraisal process about the finality of an appraisal award. Allegations alone are not enough to overturn a binding appraisal award. Briarwood brought a breach of contract claim against its insurer … The post Don’t Like the Appraisal Award?

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Property Insurance Coverage Law

JUNE 7, 2025

The announcement of California’s Smoke Claims & Remediation Task Force by Insurance Commissioner Ricardo Lara is a welcome development. The success of this initiative will depend entirely on who is appointed to serve. After years of mounting complaints from wildfire survivors and consumer advocates, this task force represents a long-overdue attempt to establish uniform, science-based … The post Will California’s Smoke Claims Task Force Actually Protect Homeowners?

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Property Insurance Coverage Law

JUNE 6, 2025

The Los Angeles wildfires of early 2025 left more than scorched hillsides. They left thousands of ostensibly “undamaged” homes infused with an invisible cocktail of heavy-metal dust, corrosive salts and carcinogenic organic compounds. Merlin Law Group attorney Rob Rahmani saw the problem up close this week when he accompanied a certified industrial hygienist retained by … The post Are California Insurers Playing “See No Evil” When It Comes to Wildfire Smoke?

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Property Insurance Coverage Law

JUNE 5, 2025

McClenny Moseley & Associates (MMA), the Texas-based law firm notorious for its mass hurricane claim solicitation practices in Louisiana, scored one significant legal victory among many losses. Louisiana Administrative Law Judge Cazeline G. Hebert ruled that the Louisiana Department of Insurance (LDI) lacked jurisdiction to fine or issue cease-and-desist orders against MMA and its attorneys, … The post Lawyers Are Not Subject to Insurance Department Jurisdiction appeared first on Prope

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Property Insurance Coverage Law

JUNE 5, 2025

McClenny Moseley & Associates (MMA), the Texas-based law firm notorious for its mass hurricane claim solicitation practices in Louisiana, scored one significant legal victory among many losses. Louisiana Administrative Law Judge Cazeline G. Hebert ruled that the Louisiana Department of Insurance (LDI) lacked jurisdiction to fine or issue cease-and-desist orders against MMA and its attorneys, … The post Lawyers Are Not Subject to Insurance Department Jurisdiction appeared first on Prope

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Property Insurance Coverage Law

JUNE 4, 2025

In a ruling issued today from Iowa, the court enforced an appraisal award issued in favor of homeowners Gregory and Karen Larson, who suffered hailstorm damage to their property in March 2023. The case, Larson v. Auto-Owners Insurance Company, 1 offers an important reminder that the appraisal process and awards are not easily overcome based … The post Appraisal Award Upheld for Amount Greater than Policyholders Original Proof of Loss appeared first on Property Insurance Coverage Law Blog.

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Property Insurance Coverage Law

JUNE 3, 2025

When vandals triggered a sprinkler system in a vacant building, flooding it with over one million gallons of water, the result was not just property damage. Instead, it was a lawsuit that put the scope of all-risk commercial property insurance under scrutiny. The case ofEpperson v. Lexington Insurance Company, 1 recently decided by an Ohio … The post When Vandals Trigger the Sprinklers: The Battle Over Resulting Losses appeared first on Property Insurance Coverage Law Blog.

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Property Insurance Coverage Law

JUNE 3, 2025

When vandals triggered a sprinkler system in a vacant building, flooding it with over one million gallons of water, the result was not just property damage. Instead, it was a lawsuit that put the scope of all-risk commercial property insurance under scrutiny. The case ofEpperson v. Lexington Insurance Company, 1 recently decided by an Ohio … The post When Vandals Trigger the Sprinklers: The Battle Over Resulting Losses appeared first on Property Insurance Coverage Law Blog.

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Commercial Property Property Damage Property Insurance Commercial 100

Property Insurance Coverage Law

JUNE 1, 2025

Imagine your homeowners association gets walloped by a Minnesota hailstorm. Thirty-four buildings take a beating. You report the damage. Your insurer acknowledges it. You go through all the proper channels and even submit to the hallowed appraisal process designed to resolve disputes fairly. You win! But you dont get paid by the insurer. Because even … The post Should HOAs Take Out Construction Loans Just to Get Their Insurance Claim Paid?

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Insurance Claim Claim Property Insurance Damage 100

Property Insurance Coverage Law

JUNE 1, 2025

Imagine your homeowners association gets walloped by a Minnesota hailstorm. Thirty-four buildings take a beating. You report the damage. Your insurer acknowledges it. You go through all the proper channels and even submit to the hallowed appraisal process designed to resolve disputes fairly. You win! But you dont get paid by the insurer. Because even … The post Should HOAs Take Out Construction Loans Just to Get Their Insurance Claim Paid?

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Insurance Claim Claim Property Insurance Damage 100

Property Insurance Coverage Law

MAY 29, 2025

The official start of hurricane season is upon us yet again! It seems like June 1st shocks us with how quickly it arrives each year. This time of year marks the start of summer, which means kids are done with school, and thoughts of summer vacations and summer camps may consume everyones spare time. Hurricane … The post NOAA Forecasters Predict an Above-Normal 2025 Atlantic Hurricane SeasonPlease Take Hurricane Preparedness Seriously appeared first on Property Insurance Coverage Law Blog.

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Property Insurance Coverage Law

MAY 28, 2025

Some cases linger in your mind not just because of the legal principles they clarify but because of where they unfold. Few locations are as captivating as the Sherry-Netherland Hotel. Perched at the southeast corner of Central Park, it is a nearly 100-year-old cooperative building that oozes old-world charm and timeless elegance. Ive always had … The post A Fire, a Lawsuit, and One Heavenly Dessert: Lessons from the Sherry-Netherland Insurance Battle appeared first on Property Insurance Co

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Property Insurance Coverage Law

MAY 27, 2025

A recent court decision in Sublett v. Westfield Insurance Company 1 shows how even well-intentioned policyholders can lose a flood insurance claim before their lawsuit ever begins. This case is not just about a technical legal loss. It is about a family trying to recover from flood damage to their home and finding themselves out … The post Top Mistakes That Can Destroy Your Flood Insurance Claim appeared first on Property Insurance Coverage Law Blog.

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Property Insurance Coverage Law

MAY 27, 2025

A recent court decision in Sublett v. Westfield Insurance Company 1 shows how even well-intentioned policyholders can lose a flood insurance claim before their lawsuit ever begins. This case is not just about a technical legal loss. It is about a family trying to recover from flood damage to their home and finding themselves out … The post Top Mistakes That Can Destroy Your Flood Insurance Claim appeared first on Property Insurance Coverage Law Blog.

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Insurance Claim Claim Policyholder Property Insurance 186

Property Insurance Coverage Law

MAY 26, 2025

Memorial Day is a time for reflection, gratitude, and solemn remembrance. We honor the brave men and women who have given their lives in service to our country, acknowledging the enormous sacrifices made by them and the families they left behind. This day carries a deep emotional weight, especially for those with personal connections to … The post A Memorial Day Reflection on USAA and Its History of Insuring Military Families appeared first on Property Insurance Coverage Law Blog.

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Property Insurance Coverage Law

MAY 25, 2025

Slide Insurances recently filed registration statement with the SEC to become a public company marks a bold step for a relatively young Florida-based insurer. Spearheaded by its high-profile founder and CEO, Bruce Lucas, the company is seeking to position itself as an innovative and dominant player in Floridasnotoriously volatile insurance market. With a reputation already … The post The Real Risk in Slide Insurances IPO Isnt Hurricanes, But Its Claims Philosophy appeared first on Property

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Property Insurance Coverage Law

MAY 24, 2025

Appraisals serve as a valuable mechanism for resolving disagreements over the amount of loss. However, as recently illustrated in the Texas case of Rocha v. State Farm Lloyds, 1 appraisals do not resolve all questions. Specifically, they do not determine whether a particular category of damage is covered under the policy. This distinction between the … The post Appraisal Isnt Everything: Why Coverage Still Controls Insurance Payments After Appraisal appeared first on Property Insurance Cov

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Property Insurance Coverage Law

MAY 22, 2025

A recent federal court decision reminds insurance professionals and policyholders of the practical and legal consequences of failing to comply with protective safeguards endorsements in builders risk insurance policies. 1 The Ohio ruling emphasizes that courts will strictly enforce policy conditions, especially when those conditions are clearly outlined and unambiguous.

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Property Insurance Coverage Law

MAY 22, 2025

A recent federal court decision reminds insurance professionals and policyholders of the practical and legal consequences of failing to comply with protective safeguards endorsements in builders risk insurance policies. 1 The Ohio ruling emphasizes that courts will strictly enforce policy conditions, especially when those conditions are clearly outlined and unambiguous.

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Property Insurance Coverage Law

MAY 21, 2025

Boggs continues to distinguish himself as one of the most candid, insightful, and impactful educators in the insurance industry. His recent LinkedIn article, Are You Running a Half-Donkeyed Insurance Agency, is not only sharply written but rings with truth that every insurance professional, especially those in agency leadership, should reflect upon.

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Property Insurance Coverage Law

MAY 21, 2025

Boggs continues to distinguish himself as one of the most candid, insightful, and impactful educators in the insurance industry. His recent LinkedIn article, Are You Running a Half-Donkeyed Insurance Agency, is not only sharply written but rings with truth that every insurance professional, especially those in agency leadership, should reflect upon.

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Property Insurance Coverage Law

MAY 20, 2025

A recent federal court decision last week inRosario v. Occidental Fire and Casualty Company of North Carolina 1has reignited an important and often misunderstood question regarding supplemental claims. Are supplemental flood claims under the National Flood Insurance Program subject to the same one-year statute of limitations as the original claim? The ruling highlights the rigid … The post Are Supplemental Flood Claims Subject to the Original One-Year Statute of Limitations?

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Claim Property Insurance Insured Insurance 138

Property Insurance Coverage Law

MAY 20, 2025

A recent federal court decision last week inRosario v. Occidental Fire and Casualty Company of North Carolina 1has reignited an important and often misunderstood question regarding supplemental claims. Are supplemental flood claims under the National Flood Insurance Program subject to the same one-year statute of limitations as the original claim? The ruling highlights the rigid … The post Are Supplemental Flood Claims Subject to the Original One-Year Statute of Limitations?

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Property Insurance Coverage Law

MAY 18, 2025

A recent decision by the Ninth Circuit Court of Appeals inAltschuler v. Chubb National Insurance Company1 reaffirms some foundational insurance principles when it comes to proof of ownership and the handling of claims for unique, high-value property. The ruling also provides insight into how Arizona courts evaluate claims of bad faith, a standard that has … The post Lessons on Ownership Proof and the Evolving Standard of Bad Faith in Arizona appeared first on Property Insurance Coverage La

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Property Insurance Coverage Law

MAY 19, 2025

Parties frequently fight overwhether an appraisal is an arbitrationafter an appraisal award is entered.I recently noted that the Rhode Island Supreme Court found that appraisals function as arbitrations in Is It Appraisal, or Is It Arbitration? Can Appraisal be Appraisal and Arbitration at the Same Time? A Virginia court was recently faced with the same … The post Is Appraisal an Arbitration in Virginia?

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Property Insurance Coverage Law

MAY 18, 2025

A recent decision by the Ninth Circuit Court of Appeals inAltschuler v. Chubb National Insurance Company1 reaffirms some foundational insurance principles when it comes to proof of ownership and the handling of claims for unique, high-value property. The ruling also provides insight into how Arizona courts evaluate claims of bad faith, a standard that has … The post Lessons on Ownership Proof and the Evolving Standard of Bad Faith in Arizona appeared first on Property Insurance Coverage La

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Property Insurance Coverage Law

MAY 17, 2025

The recent case ofAce Roofing & Construction, Inc. v. Travelers Property Casualty Company of America1 offers a straightforward but significant holding with broader implications for both contractors and legal practitioners operating in the property insurance claims arena. The courts decision reiterates a foundational principle that a roofing contractor cannot sue a property insurance carrier without … The post Roofers Need Valid Assignments and the Growing Trend of Law Firms Establishin

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Property Insurance Coverage Law

MAY 15, 2025

On May 12, 2025, the Illinois Appellate Court for the Second District of Illinois held, for the first time, that [r]esolving some questions of causation will be necessarily included in the appraisal process in affirming the trial courts grant of Plaintiffs motion for judgment on the pleadings to compel State Farm to appraisal. 1 This … The post Illinois Appellate Court Holds That Causation is Part of the Appraisal Process appeared first on Property Insurance Coverage Law Blog.

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Property Insurance Coverage Law

MAY 16, 2025

This weeks Senate hearing on the insurance industrys claims practices following natural disasters wasnt just a made-for-TV moment. It was a five-alarm warning siren for policyholders and insurers across the country. With photos of collapsed breezeways, stories of children sleeping on floors after insurers not paying, and property insurance adjusters essentially confessing to being neutered … The post Should Congress Enact a Federal Unfair Claims Practice Law?

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Property Insurance Coverage Law

MAY 15, 2025

On May 12, 2025, the Illinois Appellate Court for the Second District of Illinois held, for the first time, that [r]esolving some questions of causation will be necessarily included in the appraisal process in affirming the trial courts grant of Plaintiffs motion for judgment on the pleadings to compel State Farm to appraisal. 1 This … The post Illinois Appellate Court Holds That Causation is Part of the Appraisal Process appeared first on Property Insurance Coverage Law Blog.

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Property Insurance Coverage Law

MAY 15, 2025

Its not often that a podcast draws more attention than expected. But when Steve Badger is involved, youd better expect the unexpected. Our upcoming conversation (6 PM EST tonight register here:[link] has generated far more signups than anticipated. And Ive been asking myself why. What is it about Steve Badger that draws such a … The post Why Does Steve Badger Draw a Crowd?

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Property Insurance Coverage Law

MAY 14, 2025

A California Administrative Law Judge issued a decision approving a stipulation between State Farm General Insurance Company and the California Department of Insurance that allows significant interim rate increases for three of the companys major lines of residential insurance. 1 These increases include a 17 percent hike for homeowners non-tenant HO-3 policies, 15 percent for … The post A Critical Look at the California State Farm Rate Ruling: A Stabilizing Act or a Regulatory Surrender?

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Property Insurance Insurance Companies Policy Insured 186

Property Insurance Coverage Law

MAY 14, 2025

A California Administrative Law Judge issued a decision approving a stipulation between State Farm General Insurance Company and the California Department of Insurance that allows significant interim rate increases for three of the companys major lines of residential insurance. 1 These increases include a 17 percent hike for homeowners non-tenant HO-3 policies, 15 percent for … The post A Critical Look at the California State Farm Rate Ruling: A Stabilizing Act or a Regulatory Surrender?

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Property Insurance Insurance Companies Policy Insured 172

Property Insurance Coverage Law

MAY 13, 2025

The Senate Subcommittee on Disaster Management will hold a hearing this afternoon titled Examining the Insurance Industrys Claims Practices Following Recent Natural Disasters. Among those testifying is Mike Fiato, Executive Vice President and Chief Claims Officer at Allstate. He is a person whose leadership and messaging offer a compelling look into how large insurers publicly … The post Understanding Leadership from Inside the Insurance Claims Machine: Reflections on Mike Fiatos Vision ap

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Insurance Claim Claim Property Insurance Insurance Industry 241

Property Insurance Coverage Law

MAY 13, 2025

The Senate Subcommittee on Disaster Management will hold a hearing this afternoon titled Examining the Insurance Industrys Claims Practices Following Recent Natural Disasters. Among those testifying is Mike Fiato, Executive Vice President and Chief Claims Officer at Allstate. He is a person whose leadership and messaging offer a compelling look into how large insurers publicly … The post Understanding Leadership from Inside the Insurance Claims Machine: Reflections on Mike Fiatos Vision ap

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Insurance Claim Claim Property Insurance Insurance Industry 223

Property Insurance Coverage Law

MAY 12, 2025

Divorce attorneys, insurance agents, and property insurance adjusters need to appreciate that separation and divorce may have an impact on the right to recover insurance proceeds. A recent federal court decision discusseshow marital separation can silently void vital insurance protections. 1The factual scenario may seem unusual on the surface, but the legal logic applied reveals … The post Separation or Divorce Can Result in Insurance Disaster appeared first on Property Insurance Coverage

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Property Insurance Coverage Law

MAY 12, 2025

Divorce attorneys, insurance agents, and property insurance adjusters need to appreciate that separation and divorce may have an impact on the right to recover insurance proceeds. A recent federal court decision discusseshow marital separation can silently void vital insurance protections. 1The factual scenario may seem unusual on the surface, but the legal logic applied reveals … The post Separation or Divorce Can Result in Insurance Disaster appeared first on Property Insurance Coverage

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