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INTRODUCTORY MATTERS IN PROPERTY INSURANCE - New Appleman on Insurance Law Library Edition, Chapter 41

By David B. Goodwin, P. Benjamin Duke, and R. Gregory Rubio This chapter provides an introduction to the basic contours of the law applicable to policies of commercial property insurance and the fundamental considerations that commercial businesses and their insurers encounter in securing and maintaining...

Bullivant Houser Bailey: California Court Rejects Declination Regardless of Insured's Breach of Proof of Loss and Notice Requirements

By Jess B. Millikan , Shareholder, Bullivant Houser Bailey PC Once again, insurers are reminded that California courts may not enforce clear and plain language in their contracts. While California courts frequently recognize that insurance policies are contracts, they also frequently "pick...

First Circuit Rules Constitution's Appropriations Clause Quashes Flood Policy Claim Lacking Proof-of-Loss

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 First Circuit last month reversed the trial court...

Why is a National Flood Insurance Program Policy Not Insurance?

Fulfill the Condition Strictly or Get Nothing Contrary to what it is called, the National Flood Insurance Program is not insurance. It is, rather, a government funded entitlement that can only pay claims by dipping into the treasury of the United States. As a result, unlike insurance policies,...