Hurricane season will officially begin on June 1, 2023. For the first time in eight years, the Climate Prediction Center, a division of the National Weather Service, is predicting near-normal hurricane activity. An “average” hurricane season consists of 14 named storms, 7 hurricanes, and 3 major hurricanes. For 2023, the National Oceanic and Atmospheric Administration …
Three years makes a difference. A Florida federal court has held that repair costs are to be measured at the time of the loss – not at the time of the later repairs – when calculating actual cash value/replacement cost. The court considered and applied a common policy provision, which required that the value of …
Just last week, the Second Circuit offered subrogation litigators a reminder about some negligence fundamentals. While affirming an EDNY summary judgment ruling against an insurer in a fire subrogation case, the Second Circuit took a deeper dive than we’re accustomed to seeing about the why/what/where/when of circumstantial evidence. The immediate case involved an extension cord-sparked …
Second Circuit Discusses Use of Circumstantial Evidence in Subrogation Action Read More »
Look, we know that HKR doesn’t have an office in Florida. We don’t even have an attorney licensed to practice in that State. But, we also know this issue is important and something our clients care about. So take this for what it is—HKR passing along useful information. Florida has long been recognized as a …
Important Changes to Property Insurance Litigation in Florida Read More »
Subrogation pros and their counsel frequently assess potential recoveries arising from a tenant’s negligence when the landlord is the insured. Pennsylvania’s case-by-case approach warrants some attention here in the HKR Blog. The Superior Court – Pennsylvania’s intermediate appellate court – shines a light on the topic at least here in the Keystone state. In Joella …
Pennsylvania Position on Landlord vs. Tenant Subrogation Actions Read More »
Just a few weeks ago, a New York trial court weighed in regarding the question: what is reasonable care to maintain heat? The Saratoga county court in Zimmerman v. Leatherstocking Coop. Ins. Co., 2023 NY Slip Op 30314(U), ¶ 10 (Sup. Ct.), made an excellent example of the need to be factually exact in answering …
The Supreme Court of Florida recently resolved a long disputed issue holding that an appraiser who enters into a contingency agreement with a homeowner is not a disinterested party for appraisal purposes. In Jon Douglas Parrish v. State Farm Florida Insurance Company, the Court found that an appraiser cannot be disinterested if they, or a …
Property in 60 Seconds: Florida Supreme Court Defines “Disinterested” Party in Appraisal Read More »
HKR’s Dan Grossman and Lara Stern Orman have published a new white paper — The Basics of Time Element Coverage. You can read the other white papers authored by HKR’s team here.
Horst Krekstein & Runyon (HKR) is proud to announce its expansion into alternative dispute resolution—HKR’s ADR Center. The ADR Center offers deeply experienced attorneys and a former trial court Judge for Mediation, private Arbitration, Neutral Evaluation, and property insurance Appraisal services. Our alternative dispute resolution practice is recognized for effectiveness, fairness, and problem solving. Responsiveness …
A federal district court in Texas has become the latest to weigh in on whether insurance carriers may depreciate labor when determining the Actual Cash Value (“ACV”) of a loss. On January 11, 2023, in Sims v. Allstate Fire, the U.S. District Court for the Western District of Texas was asked to decide whether labor could be …
Property in 60 Seconds: Texas Federal Court Addresses Depreciation of Labor Read More »
