In a decision made last week, a New York federal judge applied New York suit limitations law allowing a policyholder to file a lawsuit more than seven years after her apartment suffered water damage.1 Here are the relevant facts recited by the court:
Continue Reading New York Property Insurance Claim—When Is the Deadline for Filing Suit?
This blog follows my previous blog, Can Personnel Files Be Discovered? In my previous blog, I explained that some courts have held that when the information in personnel files is discoverable when it is “clearly relevant” and the information is “not otherwise readily available.”1 To further explore how courts have interpreted this, I’ll focus on what courts have considered being “clearly relevant” in this regard.
Continue Reading Can Insurance Company Claims Adjuster Personnel Files Be Discovered? Part 2
In a rare win for policyholders regarding arbitration clauses, a Louisiana federal court ruled that Louisiana policyholders do not have to go to arbitration so long as the insurers are American insurers.1 The judge stated the law in Louisiana regarding this issue:
A federal appeals court upheld coverage for a $32m theft loss under a business crime policy this week.1 The theft by the employee took place over years and involved an elaborate scheme accomplished primarily by altering many transactional and financial documents related to grain sales.
Ohio allows insurance companies to shorten the statute of limitations to file a lawsuit to those stated within the policy terms. The Ohio Supreme Court has upheld a contractual one-year time limitation on a property insurance claim arising from a tree falling on a house:1
Continue Reading Ohio Insurance Claim Limitations to File a Lawsuit
The United States Supreme Court has agreed to hear a case involving an insurance company that denied a claim under a maritime all-risk insurance policy because the policyholder failed to maintain fire extinguishers that were properly certified and tagged.1 Here is the quote about the facts from the insurance company in its petition to the Supreme Court:
I recently posted about a court in Minnesota permitting the insured to seek the Replacement Cost Value (“RCV”) of its loss even though the property had not been repaired or replaced during ligation delays. Earlier this month, the Florida 11th Judicial Circuit for Miami-Dade County offered the Florida perspective on the subject.1
Continue Reading Florida Law on Post-Loss Obligations and the Recovery of RCV Benefits
Nobody likes coinsurance penalties.1 For policyholders, they can be unforeseen, confusing, and costly. For policyholder advocates, they can present a host of legal issues that are difficult and time-consuming to navigate. Some of those issues have been addressed on this blog, including the coinsurance clause enforcement, agent liability, and valuation disputes.
Continue Reading Coinsurance in Court – Who Has the Burden of Proof?
My bet is that everybody is having a better weekend than the attorneys and others affiliated with McClenny Moseley and Associates.
On the night of February 26th, at least seven tornadoes tore through the Oklahoma City area, setting the record for most active tornadoes in February in Oklahoma history.1 The tornados and accompanying high wind speeds and hail caused widespread destruction and at least twelve injuries – thankfully, none of which are reported to be fatal.2 At the storm’s peak, OG&E reported 33,000 people were without power.3 The bulk of tornado damage occurred in Norman, Oklahoma – where I live – but the storm system caused damage throughout the south-central US, with 114 mile per hour winds reported in Texas.4 Photos of destroyed buildings, downed trees and powerlines, and flipped cars covered front pages Monday morning, highlighting just how extensive the damage is.
Continue Reading Late February Tornados Rip Through Oklahoma