Imagine a devastating fire renders your rental property uninhabitable. You dig out your insurance policy and are relieved to find that you are insured up to the “actual cash value” of the building. But what exactly does this phrase mean? The... Read More
A growing trend is the imposition of statutory and regulatory limitation on arbitration clauses. To some degree this is a reaction by some jurisdictions to the strongly pro-arbitration position taken by the United States Supreme Court in recent years... Read More
The Supreme Court of Alabama was asked, in Ex parte Tower Insurance Company of New York Inc. , 1120228 (Ala. 08/23/2013) [ enhanced version available to lexis.com subscribers ],, to grant a petition for a writ of mandamus filed by an insurance company... Read More
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
By J. Wylie Donald You know it is not going well when the court cites the Constitution at you in a breach of contract case. But so it went in DeCosta v. Allstate Insurance Co. [ enhanced version available to lexis.com subscribers ], where the... Read More
By Lon A. Berk and Michael S. Levine Chapter 48 provides a discussion of dispute resolution principles under first-party insurance contracts with a particular emphasis on the appraisal valuation process. Section 48.01 discusses generally the first... Read More
By Nancy I. Stein-McCarthy, Associate, Powers, McNalis, Torres & Teebagy In her article appearing in the May/June 2010 issue of Coverage, “Prejudgment Interest after Appraisal, a Modern Quandary on an Old Concept,” Nancy I. Stein... Read More