A Nebraska court recently ruled that an insured was entitled to bad faith damages after the court found that an insurance application was ambiguous in its language.… Continue Reading
In the case Biasatti v. GuideOne National Ins. Co., No. 07-17-00044-CV (Tex. Ct.App. Aug. 16, 2018), Steven Biasatti and Paul Gross, d/b/a TopDog Properties, brought suit against its insurance company, GuideOne National Insurance Company for breach of contract.… Continue Reading
Insurance policies are to be interpreted in the light most favorable to the insured. Narrowly interpreting policy language can help find coverage for an insured, as was the case in Tuscarora Wayne Insurance Company v. Hebron.1… Continue Reading
A case recently came in front of the court regarding a claim for damage caused by Hurricane Irma. The case is Rodriguez v. Wright National Flood Ins. Co., No. 4:18-cv-10077 (S.D. Fla. Aug. 14, 2018). In Rodriguez, the defendant, Wright National Flood Insurance Company, a write-your-own insurance carrier that is part of the government’s National … Continue Reading
Attorneys’ fees are often sought by insureds in the course of litigation for insurance claims. However, they are not guaranteed and are not always granted. In a recent ruling in Brown v. Wright National Flood Insurance Company,1 the court dismissed the insured’s claim for attorneys’ fees.… Continue Reading
In March, I posted a blog on the Hicks v. American Integrity Insurance Company opinion,1 in which a Florida court ruled that policy language stating: “we do not insure…for loss…caused by…constant or repeated seepage or leakage of water…over a period of 14 or more days,” did not preclude coverage for damage caused during the first … Continue Reading
As Hawaii’s Kilauea volcano continues to erupt, homeowners and businesses face an ongoing threat to their properties. In addition to potential property damage, businesses also have the risk of their business operations being interrupted as the result of loss to their property.… Continue Reading
The current volcanic activity in Hawaii is sure to have many homeowners wondering if they are covered by their homeowner insurance policy in the event of a volcanic eruption. Like hurricanes and tornados, volcanos are a peril that certain areas are subjected to. Volcanic eruptions are powerful, destructive, and often unpredictable. Although there is little … Continue Reading
Hurricane season has begun early this year, with the first named storm of the season, Alberto, making its appearance just days before the official season start date, which is June 1st. Tropical Storm Alberto is headed for the Gulf Coast and is expected to bring tropical storm conditions, including flooding rains, coastal storm surges, and … Continue Reading
An interesting ruling just took place in Georgia in the case, Southern Trust Insurance Company v. Cravey.1 In Southern Trust, the issue arose whether an insured was a third-party beneficiary under a homeowners insurance policy he did not obtain on his own behalf, know of, or make any payments toward.… Continue Reading
Whether an insured can access an insurer’s claim file has often been addressed by Florida courts. Recently, a Florida appellate court followed other courts’ rulings in holding that an insured cannot obtain its insurer’s claim file.… Continue Reading
The Eleventh Circuit Court of Appeals recently ruled that a policy’s exclusionary language did not apply to an insured’s previously denied water loss.… Continue Reading
Uncertainty regarding a date of loss could lead to a court’s denial of a defendant insurance company’s motion to dismiss. The court in ID Ventures, LLC v. Chubb Custom Insurance Company,1 addressed this issue.… Continue Reading
A Maryland court recently ruled there was no insurance coverage available to an insured for a loss to her property that was not her primary residence.… Continue Reading
A court in Georgia found coverage for a loss based on the presence of a semicolon. In the case Lee v. Mercury Insurance Company,1 the court found coverage for a home destroyed by fire based on the potential ambiguity created by a semicolon.… Continue Reading
Some homeowners may have lender-placed insurance policies, also known as “creditor-placed” or “forced-placed policies.” These policies occur when there is an insurance policy placed by a bank or mortgage company on a home when the homeowners’ insurance policy may have lapsed or is deemed insufficient by the bank. Under these lender-placed insurance policies, the bank … Continue Reading
Many property insurance policies have a provision that states something similar to the following: “we do not insure…for loss…caused by…constant or repeated seepage or leakage of water…over a period of 14 or more days.” Insureds may find their claims for water loss under their homeowners’ policy denied on the grounds that the leak was present … Continue Reading
As a renter, you may be unsure of what steps to take after you have suffered a loss to your apartment, rental home, and/or belongings. If you have a renters insurance policy, the following steps should be taken when reporting a claim to your insurance company.… Continue Reading
All insurance companies have a Special Investigative Unit [SIU] that handles elevated claims. Policyholders may be informed by the claims adjuster that their claim has been transferred to the SIU, leaving the insured confused and perhaps apprehensive. So, what does it mean when a claim has been transferred to the SIU?… Continue Reading
One of the first steps in buying a new home is obtaining homeowners insurance. Lenders will not close on a home unless it is insured. Unfortunately, homeowners sometimes discover that their new home does not qualify for standard insurance, despite having passed home inspections. While each insurance company has its own underwriting standards and procedures, … Continue Reading
Section 708.1.1 of the Florida Building Code, often referred to as the “25% Rule,” implements guidelines for roof replacement requirements. The section states, Not more than 25 percent of the total roof area or roof section of any existing building or structure shall be repaired, replaced or recovered in any 12-month period unless the entire … Continue Reading
Homeowners and commercial property owners may find themselves in situations where a contractor or subcontractor performed construction on the property that was defective or faulty and may have resulted in additional loss to the property. Are these damages covered by insurance?… Continue Reading
The holidays are a time filled with travel, gifts, and sometimes, added perils. Often, people travel to visit family and friends during the holiday season and bring their personal belongings with them. Although theft and other unpleasant possibilities may rarely cross the minds of travelers, it is important to consider coverage in the unfortunate event … Continue Reading
You filed a claim with your insurance company after suffering a loss and it is refusing to pay what is owed under your insurance policy – what now? One of your options is to file a Civil Remedy Notice of Insurer Violation, or CRN, with the Department of Financial Services. The CRN serves as notice … Continue Reading
