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

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
Posted on 5 Nov 2012 by William T. Barker

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... Read More

Insurance Implications in the Wake of Hurricane Irene
Posted on 29 Aug 2011 by LexisNexis Insurance Law Newsroom Staff

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... Read More

Columbia Law School Center for Climate Change Law: A Coastal Conundrum: Biggert-Waters Flood Insurance Reform Act and Coastal Insurance Policy
Posted on 29 Aug 2013 by Columbia Law - Sabin Center for Climate Change Law

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... Read More

High Fire Season Followed by El Niño Sets California Policyholders On Collision Course With Property Insurers
Posted on 12 Nov 2015 by Richard Robinson

Regular readers of the SFGate website saw two familiar headlines on September 10, 2015. The first – “Northern California wildfire explodes in size” – would not have been unusual on any summer day in California, particularly in... Read More

Court Looks For Fair Way To Interpret Golf Cart Coverage: Insurer Gets It Rough And Insured Gets The Green
Posted on 15 Jul 2014 by Randy J. Maniloff

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... 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

New York Proposes New Force-Placed Insurance Regulations
Posted on 8 Oct 2013 by Ballard Spahr LLP

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... Read More

No Good Deed Goes Unpunished: Negligence of Adjuster Not Basis for Bad Faith
Posted on 4 Sep 2014 by Barry Zalma

Insurance adjusters are people knowledgeable in insurance retained by an insurer for the purpose of assisting the insured in proving a loss to the insurer. A person who expresses to the insured the fidelity and good faith of the insurer. The adjuster... Read More

West Virginia Supreme Court Clarifies Application of Landlords’ Homeowner’s Insurance Policy to Tenant’s Insurable Interest
Posted on 24 Nov 2015 by Steptoe & Johnson PLLC

The West Virginia Supreme Court of Appeals (“WVSCA”) recently rejected a circuit court decision finding that a tenant is an “equitable insured” under his landlords’ homeowner’s policy, which had precluded the landlords’... Read More

I’m Not Lion: The Coverage Case Involving Cats That You Must Read
Posted on 18 Mar 2014 by Randy J. Maniloff

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... Read More

Is That Covered? Roof Collapse Due to the Weight of Ice or Snow
Posted on 6 Feb 2014 by McNees Wallace & Nurick LLC

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... 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