If you are a frequent reader of Property Insurance Coverage Law Blog, you know that many of our blog posts make a very important recommendation to all policyholders: read the full policy. If you happened to miss this lesson, otherwise championed by insurance professional Bill Wilson as one of the “10 Commandments of Policy Interpretation,” you can read more in When Words Collide: Policy Interpretation Doctrines and the 10 Commandments. Understand Your Insurance Policy Better—RTFP!
Continue Reading Unfair Claims Practices May Continue Through Disbursement of the Settlement Check: The Hidden Accord and Satisfaction Language

With every coverage afforded under a property insurance policy, there comes a laundry list of conditions that attach for the policyholder to be able to recover. These are usually called something along the lines of “Post Loss Obligations” or “Duties After Loss.”
Continue Reading Failure to Comply with Post-Loss Obligations: Affidavits by Themselves May Not be Enough to Win Summary Judgment Under Florida Rule 1.510

For those who may own a mobile or manufactured home, purchasing insurance for your home is a necessary path to ensuring that your property is protected in the event of a loss. Just to clarify, whether such property is classified as a “mobile home” or “manufactured home” is insignificant for purposes of this blog post as the terms are relatively synonymous. The term “mobile home” is the more traditional classification, whereas the term “manufactured home” was born after new construction industry safety standards were mandated in 1976.1
Continue Reading The Auto-Treatment of Mobile Home Insurance Policies and their Ramifications: Do Not Let Your Insurance Company Roll Away with Both Your Claim and Home

In a previous blogpost, The Applicability of the Protective Safeguard Provision, and Common Situations that Would Effectively Render the Provision Meaningless, I discussed a commonly inserted condition in property insurance policies: the protective safeguard provision.
Continue Reading Protective Safeguard Provisions Part II: Control, Maintenance and the Idea of Due Diligence

When property insurance policies are issued, insurers may add in provisions which seek to lessen the risk of loss. One of the common types of conditions included in a policy is what is called a protective safeguard provision.
Continue Reading The Applicability of the Protective Safeguard Provision, and Common Situations that Would Effectively Render the Provision Meaningless

Virtually every property insurance policy has a specific section regarding the post-loss obligations of the insured. Whether it be expressly stated in its own policy provision or implied from the wording of other post-loss obligation provisions, it is almost universally agreed that an insured has a duty to mitigate their damages after a loss.
Continue Reading Conflicting Policy Provisions Regarding the Duty to Mitigate in Business Interruption Claims

This past week Merlin Law Group attorneys, Amy Currotto and I, had the pleasure of participating in the American Bar Association’s two-day webinar titled “COVID 19: Challenges for Litigators and Underwriters.” As was described in my previous blog post, the online conference allowed property insurance attorneys from many different backgrounds to review and discuss key coverage issues, as well as provide listeners with the insight and arguments being advanced and challenged by policyholders and insurers in the ongoing saga of COVID-19 business interruption litigation.
Continue Reading COVID-19: Challenges for Litigators and Underwriters – A Discussion with John Garaffa on the Decisions and Rationale of Recent Business Interruption Cases

Beginning today, June 2, 2021, and continuing on June 3rd, the American Bar Association will host attorneys for policyholders and insurance companies who will break down what to expect in future policy provisions as a result of Covid-19 claims and decisions. This two-day webinar will review key coverage issues and arguments being advanced and challenged by policyholders and insurers in the ongoing saga of Covid-19 business interruption litigation. I have the pleasure of participating in this webinar as a member of the panel. On June 3rd, my colleague and fellow Merlin Law Group attorney, Amy Currotto, will be speaking on New Policy Provisions and What to Expect.
Continue Reading Sneak Peek at the American Bar Association Live Webinar: COVID 19: Challenges for Litigators and Underwriters – How Do Basic Contract Interpretation Principles Tie into the Latest Court Decisions and Rationale?

Most commercial property owners pay hefty premiums in return for commercial property insurance, often times in the form of an “all-risk” insurance policy. “All-risk” policies provide coverage for all covered losses unless otherwise expressly excluded by the insurer in the policy.
Continue Reading “In the Course of Construction” and Ambiguous “Builder’s Risk” Policy Provisions

As the United States battle vs. COVID-19 rages on, the battle within the (albeit virtual) court rooms are just starting to take off. Courts across the country are faced with the ultimate question: whether the widespread presence of the COVID-19 virus and resulting governmental closure orders constitute a fortuitous loss causing direct physical loss to insured property owners’ properties.
Continue Reading Ambiguities in Civil Authority Insurance Coverage for COVID-19 Business Losses: “Prohibiting,” “Preventing,” “Denying” – What is the Difference?