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

State Sponsored Homeowner's Insurance and Bad Faith Breach of Insurance Contract Claims: The Applicability of Sovereign Immunity
Posted on 22 Mar 2011 by Douglas Scott MacGregor

By Douglas Scott MacGregor Eight coastal states in the Southeastern United States are especially vulnerable to property damage from hurricanes. For homeowners in these eight states, the continuing threat of violent storms means homeowner’s insurance... Read More

Farmers Insurance Withdraws Class Action Alleging Failure to Adapt to Climate Change
Posted on 26 Jun 2014 by Columbia Law - Sabin Center for Climate Change Law

On June 3, 2013, a group of lawsuits that generated significant interest among environmental lawyers were abruptly withdrawn .[1] The cases notably alleged a novel theory of liability and duty of care regarding climate change projections. In Illinois... 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

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

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

Earthquakes, Floods, and Disasters Near and Far: Policyholders Should Look For Cover In The Coverage
Posted on 23 Mar 2011 by LexisNexis Community Staff

By Sherilyn Pastor, Ira Gottlieb, and Nicholas M. Insua, Attorneys, McCarter & English, LLP The recent devastating and tragic earthquake in Japan and flooding in the northeastern United States should serve to remind businesses of the ever-present... 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

Barry Zalma: Contract of Personal Indemnity – Failure to Protect Insurable Interest Expensive
Posted on 5 Jun 2013 by Barry Zalma

By Barry Zalma, Attorney and Consultant Insurance is a contract of personal indemnity and does not follow the title in the land. When parties enter into lease agreements of real or personal property both the lessor and lessee have an insurable interest... Read More

Evaluating First-Party Property Claims with Multiple Causes Under the Efficient Proximate Cause Doctrine
Posted on 27 Dec 2011 by LexisNexis Insurance Law Newsroom Staff

By Susan J. Field and Rina Carmel, Attorneys, Musick, Peeler & Garrett LLP In "Evaluating First-Party Property Claims with Multiple Causes Under the Efficient Proximate Cause Doctrine," appearing in the November/December 2011 issue of... 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

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 subscribers ], affirming a trial court’s discretion... Read More

Advisory—Preserving and Maximizing Insurance Claims in the Aftermath of Hurricane Irene
Posted on 16 Sep 2011 by Peter M. Gillon

By Peter M. Gillon, Vince Morgan, James P. Bobotek, Attorneys, Pillsbury Winthrop Shaw Pittman LLP Hurricane Irene has caused immense damage to the East Coast with loss estimates in the billons. Those affected face many challenges as they begin the... Read More