Shortly before Thanksgiving, the Minnesota Supreme Court issued an opinion in St. Matthews Church of God & Christ v. State Farm Fire & Cas. Co., No. A21-0240, 2022 Minn. LEXIS 501 (Minn. Nov. 23, 2022), that, unfortunately for policyholders, concluded that State Farm was not required to pay for repairs to bring exterior masonry up to code following a loss.
Continue Reading Court Holds State Farm Not Required to Pay for Repairs to Bring Exterior Masonry Up to Code Following Loss
On July 16, 2022, I wrote a blog regarding a recent decision in Wisconsin where the Federal District Court for the Eastern District of Wisconsin limited appraisal to “valuation” disputes. Today, I am pleased to announce that upon a Motion to Reconsider, the court reversed its decision and entered an order requiring the parties to submit their disputes to the appraisal process.1
Continue Reading Wisconsin Federal Court Corrects Its Error and Orders State Farm to Appraisal
In a recent decision by the United States District Court for the Eastern District of Wisconsin, a federal judge issued an order denying the property owner’s request for appraisal, holding that the insurance policy’s appraisal provision is “limited to disputes over valuation, not causation or coverage.”1
Continue Reading Wisconsin Federal Court Limits Appraisal to Valuation Only
The Townes of Cedar Ridge Condominium Association (“Cedar Ridge”) was damaged as a result of a March 2019 hailstorm. Cedar Ridge informed its insurer, Travelers Indemnity Company of America (“Travelers”), which inspected the complex and concluded that some gutters, downspouts, air conditioning units, and one shingle on one roof had sustained hail damage. As a result, Travelers issued payment for $17,140.88 for the damages it found were covered and denied the remainder of the claim.
Continue Reading Insurer’s Declaratory Judgment Action After Denial Ruled Untimely
In keeping with the recent decision in B&D Investment Group v. Mid-Century Insurance Company,1 the Northern District of Illinois, in Khalell v. AmGuard Insurance Company,2 again concluded that appraisal was appropriate where the insurer had determined that some portion of the dwelling was damaged by hail.
Continue Reading The Northern District of Illinois Compels Appraisal AGAIN!
In August of 2018, an explosion and fire severely damaged the insured’s bar, restaurant and bowling alley.1 Auto-Owners Insurance Company (“Owners”) insured the buildings and personal property at the time of the loss. After resoling their dispute over coverage on damage to the building, Owners made payment. However, a dispute remained between the parties as to amounts owed for business personal property (“BPP”) and electronic data processing equipment (“EDP”), among others.
Continue Reading Court Orders Parties to Appraisal Even Though Neither Party Requested It
Stone Creek Condominium Owners Association, Inc. (“Stone Creek”),1 suffered a hail loss in 2016 for which it submitted a claim to its property insurance carrier, Charter Oak Fire Insurance Company (“Charter”). Charter inspected and issued payment in accordance with its estimate. Charter determined that four of the twenty buildings had sustained damage, although no damage was noted to any of the roofs.
Continue Reading Jury to Decide if Adjuster’s Instruction to Insured Waived Date of Loss
Determining and calculating pre-judgment interest has been the topic of many blog posts over the years. Recently, the Minnesota Court of Appeals addressed this issue of what triggers the running of statutory interest in the case of Blehr v. Anderson, No. A20-0691, 2021 WL 79163 (Minn. App. Jan. 11, 2021). While this case arises in the context of an insurance dispute arising from an automobile accident, it applies to property insurance disputes.
Continue Reading What Constitutes “Written Notice” for Triggering Prejudgment Interest?
The recent decision in Legend’s Creek Homeowners Association, Inc. v. The Travelers Indemnity Co. of America, 2021 WL 308180 (S.D. Ind. Jan. 29, 2021), is a reminder to all that there is nothing more important when it comes to an insurance claim than the suit limitation provision.
Continue Reading Suit Limitations….Timeliness is Everything
Some homeowners insurance policies contain endorsements or specific language which provide coverage for specific structures located away from the Residence Premises. The recent case of Jacquart v. State Auto Property & Casualty Insurance Company,1 analyzed whether a structure located 119 miles from the Residence Premises was covered under such an endorsement.
Continue Reading What is Covered Under Structures Away from the Residence Premises?