The Problem of Mutual Benefit Insurance

By Barry Zalma, Attorney and Consultant When a person leases a portion of a structure with multiple tenants it is usual for the landlord to promise to buy property insurance to protect the entire structure and make, as part of the rent charged, the tenant pay a ratable portion of the insurance. When...

Bullivant Secures Jury Verdict, Court Awards Judgment under Counterclaim for First-Party Insurance Fraud

By John A. Bennett, Stuart D. Jones, Matthew E. Hedberg, Andrew E. Passmore, Attorneys, Bullivant Houser Bailey PC Following a two-month trial, Safeco Insurance Company of Oregon was awarded $9.977 million on its counterclaim for insurance fraud against a former insured, Sohail Masood. An August...

Supreme Court Affirms Circuit Court’s Broad Discretion

On June 21, 2013, the Supreme Court of Appeals of West Virginia issued a Memorandum Decision in Moore v. Allstate Insurance Co. , et al. (No. 12-0288) [ enhanced version available to lexis.com subscribers ], affirming a trial court’s discretion when instructing the jury, permitting expert witnesses...

Fire Evacuees Should Check Homeowners’ Insurance for Reimbursement of Certain Living Expenses Associated with Mandatory Evacuation

The California Department of Insurance (CDI) is currently tracking evacuations due to wildfires in the state, including the Mountain Fire near Riverside. Insurance Commissioner Dave Jones is reminding wildfire evacuees that they may be eligible for reimbursement for additional living expenses due to...

Certain Living Expenses May Be Reimbursed From Homeowners' Insurance Coverage For Rim Fire Evacuees

The California Department of Insurance is currently tracking evacuations due to wildfires in the state, including the Rim Fire in Yosemite. Insurance Commissioner Dave Jones is reminding wildfire evacuees that they may be eligible for reimbursement for additional living expenses due to mandatory evacuations...

Fortuity Rules Insurance Interpretation: No Fire Insurance For Preexisting Condition of Property

Every insurance contract is based on the concept of fortuity. Insurance must, by definition, only indemnify the insured against a contingent or unknown risk of loss. No one should be able to purchase insurance after a home burns to the ground by purchasing insurance after the fire. Preexisting conditions...