Wystan M. Ackerman and Seth A. Schmeeckle on “Handling the Flood of Coverage Litigation: Lessons Learned from Katrina”

By Wystan M. Ackerman and Seth A. Schmeeckle In their article, “Handling the Flood of Coverage Litigation: Lessons Learned from Katrina,” Wystan M. Ackerman and Seth A. Schmeeckle examine a number of insurance coverage cases that arose in the wake of Hurricane Katrina and note that...

Terrorism Risk Insurance 2010: Marsh survey reveals more than 60 percent of organizations bought coverage in 2009

By GC Capital Ideas.com Despite an ever-changing terrorism risk insurance market, businesses from every industry sector continue to purchase coverage - more than 60 percent of organizations surveyed by Marsh bought coverage in 2009. This report provides a snapshot of the major issues and...

Fire Insurance Policy Language Intended to Eliminate Innocent Coinsured Recovery is Unenforceable in California

By Andrew B. Downs, Shareholder, Bullivant Houser Bailey PC California Supreme Court concludes "any insured" language in intentional conduct exclusion is contrary to statutory fire policy. Last week, California joined a number of other states, including Arizona, Idaho and New York,...

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...

Department Of Insurance Experts Deployed To Assist Clover Fire Evacuees With Homeowners' Insurance Coverage

The California Department of Insurance (CDI) is currently tracking evacuations due to wildfires in the state, including the recovery efforts after the Clover Fire near Redding that left 68 residences destroyed, five damaged and the death of 56-year-old Brian Stanley Henry that remains under investigation...

New York Court of Appeals Rejects Insurance Company's Use of Limitations Period "That Renders Coverage Valueless"

Rejecting a "heads we win, tails you lose" insurance company argument, the New York Court of Appeals has found that an insurance company cannot enforce a two-year suit limitation period on a property claim for “replacement cost” while simultaneously urging that the policyholder...

New York’s Highest Court Holds Limitation on Suit Provision Unreasonable

In its recent decision in Executive Plaza, LLC v. Peerless Ins. Co ., 2014 NY Slip Op 898, 2014 N.Y. LEXIS 165, [ enhanced version available to lexis.com subscribers ], the Court of Appeals of New York, New York’s highest court, on a question certified from the United States Court of Appeals for...

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...