Insurance Law

Recent Posts

Certain Living Expenses May Be Reimbursed From Homeowners' Insurance Coverage For Rim Fire Evacuees
Posted on 27 Aug 2013 by LexisNexis Insurance Law Newsroom Staff

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... Read More

The Problem of Mutual Benefit Insurance
Posted on 7 Jul 2011 by Barry Zalma

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... Read More

Department Of Insurance Experts Deployed To Assist Clover Fire Evacuees With Homeowners' Insurance Coverage
Posted on 26 Sep 2013 by LexisNexis Insurance Law Newsroom Staff

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... Read More

Supreme Court Affirms Circuit Court’s Broad Discretion
Posted on 24 Jul 2013 by Steptoe & Johnson PLLC

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... Read More

New York’s Highest Court Holds Limitation on Suit Provision Unreasonable
Posted on 14 Apr 2014 by Brian Margolies

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... Read More

New York Court of Appeals Rejects Insurance Company's Use of Limitations Period "That Renders Coverage Valueless"
Posted on 14 Feb 2014 by Anderson Kill

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”... Read More

Bullivant Secures Jury Verdict, Court Awards Judgment under Counterclaim for First-Party Insurance Fraud
Posted on 3 Oct 2011 by Bullivant Houser Bailey PC

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... Read More

Fire Evacuees Should Check Homeowners’ Insurance for Reimbursement of Certain Living Expenses Associated with Mandatory Evacuation
Posted on 24 Jul 2013 by LexisNexis Insurance Law Newsroom Staff

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... Read More

Fortuity Rules Insurance Interpretation: No Fire Insurance For Preexisting Condition of Property
Posted on 17 Jun 2014 by Barry Zalma

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... Read More