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Property In 60 seconds: California Addresses Policyholder’s Desire to Video EUO

A California appellate court recently decided that policyholders can video-record insurer representatives and attorneys during Examinations Under Oath. While the California Insurance Code allows video-recordings during Examinations, the Code does not specify which individuals can be recorded, aside from the witness. That court considered the legislative intent of the Code and its language, allowing parties the “right …

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Property in 60 Seconds: Texas and Florida Supreme Courts Weigh In On Appraisal Issues

The Supreme Courts for both Florida and Texas issued opinions addressing appraisal in those jurisdictions. The Texas Supreme Court in Rodriguez v. Safeco held that an insurer’s full payment of an appraisal award plus statutory interest precludes the recovery of attorney’s fees in an action under Chapter 542A of the Texas Prompt Payment of Claims Act. The court …

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HAPPY HOLIDAYS!

We wish you a happy holidays! We hope you enjoy this time with your loved ones and have a wonderful winter season.

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Texas Supreme Court to Address Contractor Challenge To Public Adjuster Law

The Texas Supreme Court is presently considering the constitutionality of the State’s public adjuster law, which prevents contractors from advertising themselves as able to assist the public with negotiating an insurance claim without first obtaining a public adjuster license.  The case is Texas Department of Insurance v. Stonewater Roofing Ltd. A public adjuster is hired …

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Maryland Amends Insurance Requirements Under Condominium Act

On October 1, 2023, a revised version of Maryland’s Condominium Act went into effect, with changes to insurance responsibilities surrounding detached condominium units. Under the previous version of Maryland’s Condominium Act, a council of unit owners was required to maintain comprehensive property insurance on all common elements and all units, exclusive of improvements and betterments. …

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Illinois Federal Court Holds Appraisal Precludes Suit Over Valuation Dispute

The District Court for the Northern District of Illinois recently reaffirmed that a policyholder is bound by a validly issued appraisal award and cannot sue when it disagrees with the amount of the award. In July 2020, the policyholder, a condominium association, presented a claim to its carrier for damage to roofs and other building …

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N.Y. Federal Court Holds Misrepresentation Precludes Coverage Regardless of Cause of Loss

Recently, in Converse v. State Farm Fire and Casualty Company, a judge in the Northern District of New York held that a policyholder was not entitled to coverage for a fire due to misrepresentations made during the claim investigation. In that case, the plaintiff had sent a letter to an acquaintance, offering to pay $5,000 …

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New Jersey Supreme Court to Address Coverage for Cyber Attack Under Property Policy

Insurance coverage for cyber security issues continues to be a hot topic in courts across the United States. Most recently, the New Jersey Supreme Court agreed to hear an appeal in Merck & Co. v. Ace Am. Ins. Co. after the appellate division held that the trial court was correct in finding that the standard …

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