A recently enacted New Jersey law may impact New Jersey property insurers. The new law went into effect on March 20, 2024, requiring landlords and sellers of real estate to disclose flood risk information to prospective buyers and tenants. Under the law, both sellers of real property and landlords must disclose whether the property is …
New Jersey Enacts Property Flood Risk Disclosure Law Read More »
The integration of Artificial Intelligence (“AI”) systems has become a forefront of potential innovation and efficiency, for insurers and insureds alike. Recognizing that AI systems may permeate all stages of the insurance life cycle, the Connecticut Insurance Department has issued a detailed Bulletin providing a comprehensive overview of the regulatory framework and expectations for insurers’ …
The Appellate Court of Maryland held today that an anti-assignment clause applied to void a policyholder’s “broad assignment.” In the Matter of the Petition of Featherfall Restoration LLC, the policyholders executed an “Assignment of Claim” which purported to give broad rights under the Policy related to a roof damage claim. Specifically, the “Assignment of Claim” stated …
Property in 60 Seconds: Maryland Court Voids Post-Loss Assignment Read More »
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 …
Property In 60 seconds: California Addresses Policyholder’s Desire to Video EUO Read More »
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 …
Property in 60 Seconds: Texas and Florida Supreme Courts Weigh In On Appraisal Issues Read More »
HKR’s Rob Runyon, Andrew Hudson, and Alexandra Doran were recently published in the January 2024 Edition of the The Pennsylvania Bar Association’s PA Bar Quarterly publication — The Ongoing Split Within The Third Circuit Over the Existence of a Federal Mediation Privilege.
We wish you a happy holidays! We hope you enjoy this time with your loved ones and have a wonderful winter season.
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 …
Texas Supreme Court to Address Contractor Challenge To Public Adjuster Law Read More »
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. …
Maryland Amends Insurance Requirements Under Condominium Act Read More »
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 …
Illinois Federal Court Holds Appraisal Precludes Suit Over Valuation Dispute Read More »
