Insurance Law

Recent Posts

Inclusive Communities: Supreme Court Recognizes Disparate-Impact Claims Under FHA – Implications for Property Insurers
Posted on 11 Aug 2015 by DLA Piper

By Kathleen A. Birrane , David D. Luce , and Peter S. Rice By a five-to-four margin, the Supreme Court of the United States has held that “disparate-impact claims are cognizable under the Fair Housing Act.” Texas Dep’t of Hous... 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

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

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

Why Insurance is Expensive – Statutes to Protect Consumers Not Intended to Allow Insureds to Profit
Posted on 6 Aug 2015 by Barry Zalma

States, like Pennsylvania, have enacted statutes to protect consumers from insurers who cancel insurance without proper reason and after a policy has been in effect for more than 60 days. These statutes are intended to protect the consumer not give an... Read More

Is That Covered? Insurer Refusal to Pay for Full Property Loss May Be Bad Faith
Posted on 14 Oct 2014 by McNees Wallace & Nurick LLC

By Michael R. Kelley If you or your clients have ever had the experience of submitting a claim to an insurance company, you probably know how difficult it can be to get the insurance company to pay the full amount of damages. Even if the company... Read More