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Property in 60 Seconds: Florida Federal Court Enforces “Time of Loss” Language in Valuation Provision

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 …

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Second Circuit Discusses Use of Circumstantial Evidence in Subrogation Action

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 …

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Pennsylvania Position on Landlord vs. Tenant Subrogation Actions

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 …

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Property in 60 Seconds: Florida Supreme Court Defines “Disinterested” Party in Appraisal

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 …

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HKR Announces ADR Center

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 …

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Property in 60 Seconds: Texas Federal Court Addresses Depreciation of Labor

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 …

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