LexisNexis® Legal Newsroom
Homeowners’ Defense Act Approved by House Committee

On April 27, 2010, the Homeowners' Defense Act of 2009, H.R. 2555 (the "Act") was passed by the House of Representatives' Financial Services Committee by a vote of 39-26, and will head to the House floor for a full vote, although no date has yet been set. As we reported here , Representative...

Nevada Supreme Court Finds An Earth Movement Exclusion Ambiguous, by Bullivant Houser Bailey PC

By Andrew B. Downs and Kristol Bradley Ginapp, Attorneys, Bullivant Houser Bailey PC The Nevada Supreme Court recently held that a property insurance policy's earth movement exclusion was ambiguous because, unlike some other earth movement exclusions, it did not state clearly whether it applied...

Insurance Implications in the Wake of Hurricane Irene

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 natural events, we invite our Community to access...

Bullivant Secures Jury Verdict, Court Awards Judgment under Counterclaim for First-Party Insurance Fraud

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 a former insured, Sohail Masood. An August...

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

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 the loss had not manifested itself until after the...

Force-Placed Insurance: Another Multi-Billion Dollar Industry Caught in the Regulatory Cross Hairs

By Karen C. Yotis, Esq. Forced-placed insurance (FPI), which is sometimes referred to as 'lender-placed insurance,' is a specialty product that is intended to insure properties when standard property coverage is allowed to lapse. During the housing boom, FPI occupied an overlooked corner of...

Fire Evacuees Should Check Homeowners’ Insurance for Reimbursement of Certain Living Expenses Associated with Mandatory Evacuation

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 for additional living expenses due to...

Property Insurance Umbrella Protect House

Certain Living Expenses May Be Reimbursed From Homeowners' Insurance Coverage For Rim Fire Evacuees

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 additional living expenses due to mandatory evacuations...

Columbia Law School Center for Climate Change Law: A Coastal Conundrum: Biggert-Waters Flood Insurance Reform Act and Coastal Insurance Policy

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 where the costs imposed by past floods exceed...

Safeco Insurance Company Pays $900,000 Fine For Market Conduct Violations; Refunds More Than $3 million To Policyholders

Insurer agrees to end unapproved use of credit score analysis in underwriting and implement other business practice reforms California Insurance Commissioner Dave Jones has announced that Safeco Insurance Company has agreed to pay a $900,000 fine and reform its approval process for homeowners and...

I’m Not Lion: The Coverage Case Involving Cats That You Must Read

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 musicals ever just serves as evidence that P.T. Barnum...

Fortuity Rules Insurance Interpretation: No Fire Insurance For Preexisting Condition of Property

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 insurance after the fire. Preexisting conditions...

Court Looks For Fair Way To Interpret Golf Cart Coverage: Insurer Gets It Rough And Insured Gets The Green

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 golf cart coverage case before it. But the issue...

Oregon Court of Appeals Rejects Insured Conditioning His Duty to Cooperate after Loss

By Andrew E. Passmore , Associate, Bullivant Houser Bailey PC On the Rolling Stones' album Let It Bleed, Mick Jagger sang "You can't always get what you want." On July 2, 2014, the Oregon Court of Appeals sang a similar tune when it held that an insured could not condition his obligation...

No Good Deed Goes Unpunished: Negligence of Adjuster Not Basis for Bad Faith

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 is not expected nor required to be perfect. In Murphy...

High Fire Season Followed by El Niño Sets California Policyholders On Collision Course With Property Insurers

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 the last four years as an historic drought has ravaged...

West Virginia Supreme Court Clarifies Application of Landlords’ Homeowner’s Insurance Policy to Tenant’s Insurable Interest

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’ insurer from pursuing a subrogation claim...