Kevin Pollack

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Exclusions in States That Have a Statutory Standard Form Fire Insurance Policy

Insurers often issue property insurance policies intended cover multiple perils (e.g. water damage and fire). While insurers often include a number of exclusions in their policies, in states with statutory standard form fire policies (such as California), insurers cannot apply exclusions that substantially vary from the terms and conditions in the standard form fire policy … Continue Reading

Examinations Under Oath – What You Need to Know

Most property and business policies contain a provision requiring the insured to submit to an examination under oath (known as an “EUO”) by the insurance company in connection with an insurance claim. It is similar to a deposition, with the policyholder providing sworn testimony under penalty of perjury. However, it is under a contractual policy … Continue Reading

Class Action Highlights Notification Requirements When Insurers Seek to Reduce Coverage Associated with “Renewals”

A recently filed proposed class action1 accusing California health insurance giant Anthem Blue Cross of using a "bait and switch" scheme that offered insurance policy "renewals" that did not clearly disclose major policy changes offers a great example of why the law requires insurers to notify insureds of reductions in insurance coverage.… Continue Reading

The Cooperation Clause – Do I have to Cooperate with the Insurer’s Investigation?

Public adjuster and policyholder advocates often get questions from insureds about the extent that insureds must cooperate with insurers during the investigation stage of a claim. As an example, some insureds have asked me whether they really must produce financial documents and receipts in a theft claim. Insureds often ask why the insurer is making … Continue Reading

“Commencing” Deemed Ambiguous in Property Insurance Policy

A federal District Court in Illinois has determined that the term “commencing” is ambiguous in a property insurance policy that provides coverage for “loss or damage commencing [d]uring the policy period…[w]ithin the…United States of America.”1 At issue in Temperature Service Company, Inc. v. Acuity, was whether property damage, that began before the policy period, but … Continue Reading

Do All Insurance Policies Require a Total Collapse to Trigger Collapse Coverage?

In California, if a property insurance policy does not specifically require a collapse to be complete or actual falling down to trigger coverage, then an imminent (i.e., impending) collapse will probably trigger coverage.1 However, on the flipside, if a policy does specifically require a collapse to be “complete” or “actual” falling down, then an imminent … Continue Reading

Florida District Court Decision on “Your Work” Exclusion in CGL Policy Is At Odds With Law of Numerous Jurisdictions

In Essex Insurance Co. v. DiMucci Development Corp. of Ponce Inlet Inc., U.S. District Judge Roy B. Dalton Jr. recently held that Evanston Insurance Company has no duty to defend a builder in a lawsuit alleging construction defects at one of its Florida condominium complexes based on an exclusion in the policy for damage to … Continue Reading

Does My Business Have Insurance Coverage for Losses Attributed to the Zika Virus?

As most of you know, there is a spreading concern about the presence of the Zika virus in South Florida. In fact, the Centers for Disease Control and Prevention has issued travel warnings pertaining to the regions where the Zika virus has been confirmed. The first CDC travel advisory related to South Florida advised pregnant … Continue Reading

9th Circuit to Interpret Meaning of “Direct Supplier” In Context of a Commercial Property Loss Claim

Commercial property insurance policies often include damages sustained by a “direct supplier.” As an example, an insured that sells motorcycles, might rely on a particular motor cycle part supplier to provide parts used in their motorcycles. If the motorcycle part supplier sustains a loss, it could impact the insured’s business.… Continue Reading

Does Your Homeowners Insurance or Airbnb’s Host Protection Plan Cover You For Damage or Liability Arising from Short-Term Home-Sharing Rentals?

Airbnd, and other similar "home-sharing" services, are becoming a popular way to make money by renting out your home or condo to short-term paying guests while you are away. But before you agree to let any paying guest stay in your home, you should give some serious thought to the risks associated with these types … Continue Reading

Why Focusing Recovery Efforts on RCV Only Can Prove Disastrous for Insureds Who Fail to Make a Demand and Present Evidence of ACV

My colleague Ed Eshoo recently wrote a blog addressing how Illinois courts follow the Prevention Doctrine (if an insurer prevents or hinders an insured from complying with the condition to repair/replace the property before being entitled to full replacement cost, then the insured’s failure to repair/replace won’t necessarily bar a recovery of full replacement costs … Continue Reading

Insureds that Prematurely Initiate Repairs Without the Approval of the Insurer May Do So At Their Own Peril

In Paslay v. State Farm General Insurance Company,1 the California Court of Appeal addressed an issue insureds and public adjusters regularly face: How quickly should you address, remediate, and repair damaged property to comply with your obligation to “mitigate” the damages to the property, without “prejudicing” the insurers investigation?… Continue Reading

California Supreme Court Decides That Policyholder Attorney’s Fees Are Included to Calculate Punitive Damages

On May 5th, I blogged about an important case pending before the California Supreme Court—Nickerson v. Stonebridge Life Insurance Company—that was set to address an important issue for policyholders forced to sue their insurers for bad faith and punitive damages. You can check out my prior blog addressing the issues in the case here.… Continue Reading

The Impact “Cyber Attacks” Are Having on the Insurance Industry and What it Means for Insureds

I am sure you have all heard or read about some large scale “cyber attacks” over the past several years. Whether it be the attack on Target where numerous individuals’ personal data was “hacked” several years ago, or the more recent attacks on health insurers such as Primera Blue Cross and Anthem, in each situation … Continue Reading

Don’t Get Caught In the Middle of a Battle Between Insurers Over “Other Insurance” Clauses

Some of you may have encountered situations where your clients have more than one insurance policy covering the same risk. This is especially true in the commercial context where businesses not only purchase their own insurance policies, but also request to be named as additional insureds on insurance policies issued to tenants or business partners. … Continue Reading

California to Decide Whether Policyholder Attorney Fees Are Included to Calculate Punitive Damages

The California Supreme Court heard oral argument recently on an issue that is important to insurance policyholders forced to sue their insurers for bad faith and punitive damages: Whether an award of attorney fees should be included as compensatory damages for purposes of calculating the ratio between punitive and compensatory damages. The case is Nickerson … Continue Reading
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