Insurance Law

Recent Posts

Going to Pot: How to Lose Fire Insurance Coverage
Posted on 7 Apr 2015 by Barry Zalma

Members of the public think that the covenant of good faith and fair dealing only applies to the insurer and the insured can do whatever they want and hide important information from the insurer to avoid increased premium or loss of coverage. In Michigan... Read More

Can Murder Ever Be Accidental? – Tenant is Not an Insured
Posted on 5 Aug 2015 by Barry Zalma

By definition liability insurance never applies to an intentional act. When a person rents a room in her house to a convicted felon with a history of violence and then gives the tenant a gun to use as he desires, she cannot claim that when the felon kills... Read More

Mortgagee Not Required to Buy Liability Insurance for Borrower
Posted on 14 Apr 2015 by Barry Zalma

Insurance companies only sell the insurance requested by the insured not the insurance that the insured should have purchased. Mortgagees, who require insurance on the property that was security for a loan require that the mortgagor purchase hazard insurance... Read More

McCarter & English LLP on Chinese Drywall Litigation and Insurance Coverage
Posted on 17 Jan 2012 by LexisNexis Insurance Law Newsroom Staff

By Nicholas Insua, Jason Alexander & Michael Smith, Attorneys, McCarter & English, LLP In their commentary, "Update: Chinese Drywall Litigation Continues," Nicholas Insua, Jason Alexander & Michael Smith of McCarter & English... Read More

When Is a Landslide a Fire? Ninth Circuit Finds Fire To Be Direct Cause of Landslide that Destroyed House
Posted on 11 Jun 2015 by Barry Zalma

Those of us who live in the western United States see wildfires on a regular basis. Fire is a named peril and is covered by a simple fire policy and by a homeowners or commercial property policy. Landslides and mudslides that follow wildfires because... Read More

Ninth Circuit Holds Property Damage Directly Caused By Fire
Posted on 23 Jun 2015 by Brian Margolies

In Stankova v. Metropolitan Property & Casualty Insurance Company , 2015 U.S. App. LEXIS 8935 (9th Cir. May 29, 2015), [ enhanced version available to lexis.com subscribers ], the Ninth Circuit Court of Appeals, applying Arizona law, had the opportunity... Read More

Federal Agencies Finalize Flood Insurance Rules
Posted on 14 Sep 2015 by Ballard Spahr LLP

Federal regulators have finalized a joint rule that amends regulations relating to loans secured by properties in special flood hazard areas. The final rule implements changes to the Flood Disaster Protection Act of 1973 (FDPA) as mandated by the Homeowner... Read More

April Fool's Day Sees National Flood Insurance Rates Rise
Posted on 6 May 2015 by J. Wylie Donald

By J. Wylie Donald So what day would you pick to have your flood insurance premium double? April Fool's Day? You got it. Well, that's a little hyperbolic. Rates aren't doubling instantaneously tomorrow. Instead they are rising between... Read More

Arson-for-Profit Fails Because of Lack of Insurable Interest and Misrepresentation: Insurance Competence Needed to Commit Insurance Fraud
Posted on 31 Mar 2015 by Barry Zalma

Arson is relatively easy. Pour some gasoline and light a match and a fire will burn. Successfully turning an arson fire into profit is more difficult and requires some knowledge of insurance and insurance claims. In Ross v. State Farm Fire and Cas. Co... Read More

Why is a National Flood Insurance Program Policy Not Insurance?
Posted on 23 Sep 2015 by Barry Zalma

Fulfill the Condition Strictly or Get Nothing Contrary to what it is called, the National Flood Insurance Program is not insurance. It is, rather, a government funded entitlement that can only pay claims by dipping into the treasury of the United... Read More

Is There Coverage for Assaulting Your Employee? Business Dispute Not Covered by Homeowners
Posted on 18 Jun 2015 by Barry Zalma

A Homeowners policy provides worldwide liability insurance coverage to the homeowners subject to various exclusions and limitations. In Perry v. Hartford Underwriters Insurance Company , Not Reported in A.3d, 2015 Del. Super. LEXIS 267 (Del.Super., 6... Read More