The Property Insurance Law Observer

MARCH 20, 2025

Consequently, the plaintiff was not entitled to indemnity for damage to the property it purported to insure under a commercial property insurance policy. [1] During the policy term, the business claimed that the properties suffered damage caused by a hurricane and submitted a claim to the insurer.

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Property Damage Damage Insurance Insurer 130

Property Insurance Coverage Law

MAY 27, 2025

Westfield Insurance Company 1 shows how even well-intentioned policyholders can lose a flood insurance claim before their lawsuit ever begins. A recent court decision in Sublett v. This case is not just about a technical legal loss.

Insurance Claim 186

Insurance Claim Claim Policyholder Property Insurance 186

Insurance Journal

OCTOBER 11, 2024

Insurance agents and carriers in the path of Hurricane Milton reported only minor damage to their own offices and homes but a rapidly growing number of claims from residential and commercial policyholders for roof, flood and auto damage. The Florida …

Damage 289

Damage Agents Claim Policyholder 289

Insurance Journal

OCTOBER 1, 2024

Insurance agents in the mountain city of Asheville, North Carolina, said they and their policyholders have been stunned by the catastrophic damage brought so far inland by Hurricane Helene, which dumped 14 inches of rain on the picturesque community and …

Damage 290

Damage Agents Insurance Agents Policyholder 290

Property Insurance Coverage Law

SEPTEMBER 26, 2024

In a case involving alleged hail damage to a commercial building, the court granted summary judgment in favor of the insurer, Charter Oak Fire Insurance Company, after excluding the policyholder’s expert witness.

Policyholder 203

Policyholder Insurance Companies Damage Claim 203

Insurance Journal

JULY 24, 2024

A class action lawsuit is being brought on behalf of more than 350,000 policyholders against the California FAIR Plan over smoke damage coverage. Dylan Schaffer, an attorney representing the plaintiffs, told SiliconValley.com the idea behind the suit is to force …

Damage 262

Damage Policyholder 262

Insurance Journal

DECEMBER 2, 2024

With multiple hurricanes rocking Florida and other parts of the Southeast this year, claims professionals have said they are seeing a trend toward “soft fraud,” with more policyholders attempting to include older or unrelated damage in recent storm claims, and …

Damage 264

Damage Claim Policyholder Risk 264

Property Insurance Coverage Law

SEPTEMBER 16, 2024

A federal judge ruled last week that policyholders eventually have to “put up or shut up” when it comes to proving that certain interior damages caused by a storm must be the result of damage to the exterior of a building, allowing water to damage the interior of a building.

Damage 203

Damage Claim Policyholder Building 203

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.

Policyholder 160

Policyholder Property Insurance Damage Insurance Companies 160

Property Insurance Coverage Law

MARCH 16, 2025

Public adjusters, policyholders, and attorneys keep asking me about the recent California smoke damage case where the court held that the smoke damage was not covered under the policy.I wrote about that decision in California Wildfire Attorneys Consider Impact of New Smoke Caselaw.

Damage 100

Damage Claim Policyholder Property Insurance 100

Property Insurance Coverage Law

MAY 3, 2025

In a recent federal case arising from a property damage claim, the court was asked to break … The post Why Did a Judge Select the Policyholders Umpire Over State Farms Nominees? Assuming the appraisers reach an impasse, the umpire becomes the tie-breaking person. appeared first on Property Insurance Coverage Law Blog.

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Property Damage Policyholder Property Insurance Damage 191

Property Insurance Coverage Law

JANUARY 6, 2025

In yesterdays post, Policyholders and Public Adjusters Often Need to Hire Their Own Experts, the court found that the insurance policy did not provide coverage for the claimed damages for two primary reasons.1

Policyholder 203

Policyholder Damage Property Insurance Insurance Policy 203

Property Insurance Coverage Law

APRIL 28, 2025

When a devastating fire damages a building and a municipality orders it razed, the instinctive reaction of many policyholders is to expect that their insurance will cover the total loss.

Policyholder 178

Policyholder Property Insurance Damage Insurance Policy 178

Property Insurance Coverage Law

FEBRUARY 3, 2025

We speak deeply about policyholder issues and his heart is always in the right place. He has always welcomed me since I first stepped foot in Texas.

Damage 100

Damage Claim Policyholder Property Insurance 100

Insurance Journal

JUNE 1, 2025

It’s not just some Florida-domiciled insurance carriers that have allegedly altered field adjusters’ reports or low-balled property damage estimates in recent years. It’s also major national insurers, according to adjusters and policyholders who spoke at a recent U.S. Senate hearing …

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Property Damage Insurance Carrier Policyholder Damage 130

Property Insurance Coverage Law

SEPTEMBER 4, 2024

The duties of an insurance agent to the policyholder will differ depending on state law. Yesterday’s post about a Michigan coverage case, Order and Bind Insurance Before the Loss—Commercial Policy Covers Water Damage Under Drain Backup Endorsement, noted that there was also an issue with insurance agent negligence.

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Policyholder Insurance Agents Insurance Agent Agents 203

Property Insurance Coverage Law

MAY 6, 2025

Wright National Flood Insurance Company 1 highlights a harsh reality for policyholders seeking to recover under the National Flood Insurance Program (NFIP).Strict

Policyholder 164

Policyholder Property Insurance Damage Insurance Companies 164

Property Insurance Coverage Law

APRIL 28, 2025

When a devastating fire damages a building and a municipality orders it razed, the instinctive reaction of many policyholders is to expect that their insurance will cover the total loss.

Policyholder 165

Policyholder Property Insurance Damage Insurance Policy 165

Property Insurance Coverage Law

MARCH 2, 2025

State Farm policyholders should be aware of its companys water damage claims processes, as noted in State Farms Water Protocol. These are some of … The post State Farm Water Damage Protocols and Insurance Company Expert Witnesses appeared first on Property Insurance Coverage Law Blog.

Insurance Companies 100

Insurance Companies Damage Policyholder Property Insurance 100

Property Insurance Coverage Law

OCTOBER 14, 2024

Following Hurricanes Helene and Milton, many Florida and southeast residents are left grappling with flood damage – some for the second or third time in recent years.

Damage 203

Damage Claim Policyholder Property Insurance 203

Property Insurance Coverage Law

JANUARY 7, 2025

Insurance companies denying hail damage claims are repeat players in the litigation arena. This post will provide more insight and lessons as a grand finale to Policyholders and Public Adjusters Often Need to Hire Their Own Experts, and Policyholders and Public Adjusters … The post Want to Win a Hailstorm Damage Lawsuit?

Damage 203

Damage Policyholder Property Insurance Insurance Companies 203

Property Insurance Coverage Law

SEPTEMBER 30, 2024

The investigative report featured testimony from whistleblowers who claim that insurance companies deliberately altered hurricane damage reports to underpay homeowners, leaving many Floridians struggling to rebuild their lives in the wake … The post CBS 60 Minutes Exposes Alleged Insurance Company Fraud: Adjusters Reveal Altered Hurricane Damage (..)

Insurance Companies 306

Insurance Companies Damage Claim Property Insurance 306

Property Insurance Coverage Law

OCTOBER 15, 2024

This year, a record-tying … The post Tornado Damage During Hurricanes: Navigating the Deductible Dilemma appeared first on Property Insurance Coverage Law Blog. He has written this post as an Independent Adjuster and not on behalf of the IAUA.

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Deductible Damage Property Insurance Insurance 264

The Property Insurance Law Observer

JUNE 12, 2025

Factual Overview This insurance coverage dispute arose from alleged roof damage caused by a hailstorm. The adjuster concluded that the roof was, in fact, damaged by hail. The engineer concluded that the roof damage was not caused by hail but was preexisting or due to other causes.

Damage 130

Damage Claim Insurance Companies Policyholder 130

Property Insurance Coverage Law

OCTOBER 23, 2024

While Jimmy Patronis and Governor DeSantis trumpet their latest emergency rule as consumer protection following the CBS 60 Minutes Expose noted in CBS 60 Minutes Exposes Alleged Insurance Company Fraud: Adjusters Reveal Altered Hurricane Damage Estimates by Claims Management, the reality reveals a different story.

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Policyholder Insurance Industry Insurance Companies Protection 214

Property Insurance Coverage Law

MARCH 26, 2025

Property insurance adjustersboth company-employed and independentserve as the backbone of the claims process, ensuring that policyholders receive the full benefits of their coverage as swiftly and fairly as possible.

Property Insurance 140

Property Insurance Policyholder Damage Claim 140

Insurance Journal

MAY 14, 2025

It’s not just a few Florida-domiciled insurance carriers that have allegedly altered field adjusters’ reports on property damage in recent years. It’s also major national insurers, including Allstate and State Farm, adjusters and policyholders alleged at a U.S. Senate hearing …

Property Damage 317

Property Damage Insurance Carrier Policyholder Damage 317

Property Insurance Coverage Law

MARCH 26, 2025

Property insurance adjustersboth company-employed and independentserve as the backbone of the claims process, ensuring that policyholders receive the full benefits of their coverage as swiftly and fairly as possible.

Property Insurance 140

Property Insurance Policyholder Damage Claim 140

Property Insurance Coverage Law

NOVEMBER 8, 2024

It is estimated that the Marshall Fire totally destroyed no less than 1,084 homes, and damaged thousands more with penetrating toxins of smoke, ash, char, and soot. Sadly, almost three years after the Marshall Fire caused … The post Policyholders, Public Adjusters, and Contractors Beware!

Policyholder 189

Policyholder Claim Property Insurance Damage 189

Insurance Journal

OCTOBER 9, 2024

Almost two years after a group of independent claims adjusters alleged that insurers had deceptively altered their damage estimates and low-balled policyholders, Florida’s chief financial officer has issued an emergency rule barring similar actions in Hurricane Milton claims. “Any move …

Policyholder 290

Policyholder Claim Damage Insurance 290

Property Insurance Coverage Law

DECEMBER 7, 2024

The Mississippi Supreme Court has affirmed a $10 million punitive damages award against USAA for its bad faith handling of a Hurricane Katrina claim, sending a clear message about insurers’ obligations to their policyholders.1

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Damage Claim Policyholder Property Insurance 188

Property Insurance Coverage Law

DECEMBER 1, 2024

This post gives State Farm a three-day winning hat trick following State Farm Wins Alabama Worn Out Roof Damage Case: Lesson About Hail Damage Cases, … The post State Farm Wins Worn-Out Plumbing Case: Ensuing Water Damage Not Covered Under State Farm’s Language appeared first on Property Insurance Coverage Law Blog.

Damage 230

Damage Property Insurance Insurance Insurer 230

Insurance Journal

OCTOBER 15, 2024

They make insureds less likely to file smaller claims because either damage falls within the deductible, or is so close to it that the policyholder would rather not … Deductibles serve several purposes. They provide some premium relief for the insured.

Deductible 264

Deductible Policyholder Premium Damage 264

Insurance Journal

MAY 14, 2025

It’s not just a few Florida-domiciled insurance carriers that have allegedly altered field adjusters’ reports on property damage in recent years. It’s also major national insurers, including Allstate and State Farm, adjusters and policyholders alleged at a U.S. Senate hearing …

Property Damage 264

Property Damage Insurance Carrier Policyholder Damage 264

Property Insurance Coverage Law

NOVEMBER 30, 2024

Yesterday’s article, State Farm Wins Alabama Worn Out Roof Damage Case: Lesson About Hail Damage Cases, Expert Testimony, and Investigation Standards, deserves a follow-up about a recent Texas federal court ruling regarding Texas hail damage to roof cases.

Damage 189

Damage Property Insurance Claim Insurance 189

Insurance Journal

NOVEMBER 17, 2024

They make insureds less likely to file smaller claims because either damage falls within the deductible, or is so close to it that the policyholder would rather not … Deductibles serve several purposes. They provide some premium relief for the insured.

Deductible 246

Deductible Policyholder Premium Damage 246

Property Insurance Coverage Law

DECEMBER 15, 2024

I have a vision of Amy Bach, the Executive Director of United Policyholders, jumping for joy as she read the North Carolina Supreme Court opinion, which the insurance industry must think of as a Friday the 13th ruling.

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Policyholder Damage Property Insurance Insurance Industry 100