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

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

Appraisal Award Binding – Payment of Appraisal Award Satisfies Policy Promise to Indemnify
Posted on 24 Jun 2015 by Barry Zalma

In an opinion expressing the brevity required of a decision on an issue of insurance law that is patently obvious, the Missouri Court of Appeal decided in James-Miller v. American Family Mutual Insurance , — S.W.3d —-, 2015 Mo. App. LEXIS... 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

Washington Supreme Court Defines "Collapse" to Include "Substantial Impairment of Structural Integrity"
Posted on 14 Sep 2015 by Bullivant Houser Bailey PC

By Daniel R. Bentson In Queen Anne Park Homeowners Ass'n v. State Farm Fire & Cas. Co. , [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the Washington Supreme Court held that the term "collapse... 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