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Insurance companies historically rarely invoked their right to repair a structure. They often did so with jewelry losses because damaged or lost jewelry could much more easily be copied or repaired. Few structural repairs are ever done correctly or to the satisfaction of a property owner. Indeed, the annals of construction history are full of litigation between contractors and upset property owners. So, why are modern insurance carriers invoking the right to repair?

Answer—Leverage to reduce the claim amount. Continue Reading Invoking the Right to Repair and So-Called Managed Repair

Merlin Law Group attorney Ed Eshoo wrote another stellar post yesterday, The Impact of Coronavirus on the Replacement Condition, which incorporated a discussion of the Standard Fire Policy. Eshoo is a guru when it comes to standard fire policy law and all of us at Merlin Law Group are lucky to have him as a colleague. Continue Reading The Standard Fire Policy—Do We Need A Standard All Risk Insurance Policy?

Why sue one at a time when you can sue by the bushel full? Billy Goat Taverns are ganging up against their mutual insurance company, Society National, in a federal class action lawsuit. This lawsuit is seeking damages and a declaration of coverage due to their closure from the coronavirus. This class action lawsuit was filed by a personal injury attorney. Continue Reading Coronavirus Insurance Update April 3—A Class of Billy Goats Joins the Fray Along With Advertising Attorneys While The ISO Says No, No, No

On March 31, 2020, six Northern California Bay Area counties significantly limited construction activity. These orders will result in thousands of construction projects shutting down until at least May 3, 2020. What impact does this have on existing property insurance claims? The answer: a lot, and they will probably result in significant legal disputes. Continue Reading California Bay Area Shuts Down Construction – How Does This Affect an Ongoing Business Claim?

The National Association of Public Insurance Adjusters (NAPIA) has sent a notice to each Department of Insurance requesting that claims deadlines be extended as a result of the coronavirus pandemic. Continue Reading Coronavirus Insurance Coverage Update April 2—National Association of Public Insurance Adjusters Asks For Claim Deadline Extensions And Florida Restaurant Lawsuit Filed

Louisiana is the newest state to introduce legislation which would mandate coronavirus business income coverage. No state legislature has taken a final vote on these bills. One has to wonder if these are made for political pressure or could simply be political opportunism. Continue Reading Coronavirus Insurance Coverage Update April 1—Louisiana Introduces Legislation and An Optimistic Article Supporting Coverage

New York has joined New Jersey, Ohio, and Massachusetts with pending legislation regarding insurance coverage. At the same time, it is pretty obvious that the insurance industry is doing everything it can to explain how such legislation, if passed, would dwarf any ability to pay amounts claimed. Continue Reading Coronavirus Insurance Coverage Update March 31—-New York Legislation, Chicago Restaurant and Theatre Lawsuit, and Insurance Industry Says Coverage Payments Would Dwarf Capacity to Pay

Reggie Whitten and Michael Burrage filed lawsuits on behalf of the Choctaw and Chickasaw Nations in Oklahoma state court.1 The actions are similar to the declaratory judgment actions filed by John Houghtaling in Louisiana and California. I do not see how the Oklahoma cases are going to be removed to federal court because they lack diversity of citizenship for such jurisdiction. Continue Reading Coronavirus Insurance Coverage Update March 30—Choctaw and Chickasaw Nations File for Declaratory Relief in Oklahoma