LexisNexis® Legal Newsroom
Nevada Supreme Court Finds An Earth Movement Exclusion Ambiguous, by Bullivant Houser Bailey PC

By Andrew B. Downs and Kristol Bradley Ginapp, Attorneys, Bullivant Houser Bailey PC The Nevada Supreme Court recently held that a property insurance policy's earth movement exclusion was ambiguous because, unlike some other earth movement exclusions, it did not state clearly whether it applied...

Insurance Implications in the Wake of Hurricane Irene

After Hurricane Irene, individuals and businesses will face property losses and interruption of business and will look to insurers for coverage of these multi-faceted losses. To remain up-to-date on the coverage issues raised by Hurricane Irene and similar natural events, we invite our Community to access...

LexisNexis Offers Insurance Resources in the Wake of Hurricane Irene

After Hurricane Irene, individuals and businesses will face property losses and interruption of business and will look to insurers for coverage of these multi-faceted losses. To remain up-to-date on the coverage issues raised by Hurricane Irene and similar natural events, we invite our Community...

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...

Linsurance Coverage: The Issue That Everyone Is Talking About – “Use of an Auto” Exclusion the Most Popular Issue of the Year

Randy J. Maniloff, White and Williams, LLP I own a car. And there is little doubt in my mind about when I'm using it. I get in. Put my drink in the cup holder. Turn around and marvel at the number of Cheerios in the car seat. Turn the key. Put on the radio. And, voila, off I go. But, apparently...

Potential Risks of Fracking and the Extent That Homeowners Policies Protect Against Damages

My partner Dean Pappas and I recently had an article published by Best's Review (February 2012) that looks at the potential risks that arise from hydrofracking operations, and the extent to which a typical homeowner's insurance policy covers the damages and harms that may arise. For those of...

Holy Terms And Conditions: Wisconsin Supreme Court Says Kapow To Insured’s Argument That Bat Guano Is Not A Pollutant

By Randy J. Maniloff, White and Williams, LLP There are two significant Pollution Exclusion cases where I've been looking forward to a decision - the Indiana Supreme Court's in State Automobile Mut. Ins. Co. v. Flexdar and the Wisconsin Supreme Court's in Hirschhorn v. Auto Owners Ins ...

Climate Crisis: Insurers Tell Weather Like It Is

By Dianne Saxe, Ontario Environmental Lawyer The Canadian federal government does not like to talk about climate change, so the Insurance Bureau of Canada has released a hard hitting report on the damage that climate change is already causing in Canada: Telling the Weather Story: Can Canada Manage...

SNR Denton US LLP on Miller v. Safeco Insurance Co. of Am.: Insurer May Not Enforce Exclusions in Newly Issued Property Insurance Policy If Insured Not Notified of Those Exclusions Before Discovering the Loss

By William T. Barker, Partner, SNR Denton LLP The Millers purchased a home with severe preexisting water and mold damage which they and their home inspector failed to detect. In Miller v. Safeco Insurance Co of Am., the Seventh Circuit held that the loss had not manifested itself until after the...

Troutman Sanders LLP: CFPB Releases Rule Aimed at Reforming Force-Placed Homeowners’ Insurance Practices

By David N. Anthony , Alan D. Wingfield , Nicholas R. Klaiber and Virginia Bell Flynn On January 17, 2013, the Consumer Financial Protection Bureau (CFPB) released a rule creating stringent requirements for servicers imposing force-placed insurance on homeowners. A summary of the rule from the CFPB...

Force-Placed Insurance: Another Multi-Billion Dollar Industry Caught in the Regulatory Cross Hairs

By Karen C. Yotis, Esq. Forced-placed insurance (FPI), which is sometimes referred to as 'lender-placed insurance,' is a specialty product that is intended to insure properties when standard property coverage is allowed to lapse. During the housing boom, FPI occupied an overlooked corner of...

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...

Property Insurance Umbrella Protect House

Former Police Officer Pleads Guilty to Felony Insurance Fraud Over Mickey Mantle Baseball Cards

Keith Hooks, a former City of Tracy police officer, has pled guilty to felony insurance fraud after falsifying a claim for the loss of three Mickey Mantle collector baseball cards. The California Department of Insurance initiated an investigation in May 2012 based on a tip from California State Automobile...

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...

Columbia Law School Center for Climate Change Law: A Coastal Conundrum: Biggert-Waters Flood Insurance Reform Act and Coastal Insurance Policy

Congress passed the Biggert-Waters Flood Insurance Reform Act just two months before Sandy scoured the northeast, and “requires rates to rise 25 percent annually on some repeatedly flooded houses, second homes and businesses,” and on properties where the costs imposed by past floods exceed...

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 Proposes New Force-Placed Insurance Regulations

The New York Department of Financial Services (DFS) recently issued proposed force-placed insurance regulations to reduce premiums and eliminate kickbacks that it claims are pervasive in the industry. The regulations will take effect 30 days after publication in the State Register. Insurers and their...

Safeco Insurance Company Pays $900,000 Fine For Market Conduct Violations; Refunds More Than $3 million To Policyholders

Insurer agrees to end unapproved use of credit score analysis in underwriting and implement other business practice reforms California Insurance Commissioner Dave Jones has announced that Safeco Insurance Company has agreed to pay a $900,000 fine and reform its approval process for homeowners and...

Is That Covered? Roof Collapse Due to the Weight of Ice or Snow

As a result of our snowy Winter in 2013-14, policyholders may be faced with the issue of whether insurance covers damage to a business facility or home due to a roof collapse from the weight of heavy snow or ice? The answer depends on whether the policyholder's business property or homeowner's...

I’m Not Lion: The Coverage Case Involving Cats That You Must Read

I really dislike cats. It has got to be one of the worst musicals ever. That it came from Lloyd Webber just serves as evidence that even the greatest are entitled to an off day now and then. That it is one of the most successful Broadway and West End musicals ever just serves as evidence that P.T. Barnum...

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...

Court Looks For Fair Way To Interpret Golf Cart Coverage: Insurer Gets It Rough And Insured Gets The Green

Lots of courts have addressed whether golf carts are “autos” for purposes of liability and automobile policies. I’ve confronted the issue a couple of times and it’s an interesting one. The Court of Appeals of Georgia just had a golf cart coverage case before it. But the issue...

Oregon Court of Appeals Rejects Insured Conditioning His Duty to Cooperate after Loss

By Andrew E. Passmore , Associate, Bullivant Houser Bailey PC On the Rolling Stones' album Let It Bleed, Mick Jagger sang "You can't always get what you want." On July 2, 2014, the Oregon Court of Appeals sang a similar tune when it held that an insured could not condition his obligation...

California Court of Appeal Holds Adjusters May Be Sued For Negligent Misrepresentations Made Within the Course and Scope of Their Employment

By William D. Burger, Jr. and Negar Azarfar The California Court of Appeal held in Bock v. Hansen , 225 Cal. App. 4th 215 (2014), [ enhanced version available to lexis.com subscribers ], that an insurance adjuster may be held liable to an insured under a negligent misrepresentation theory. If followed...