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Property in 60 Seconds: Clear Vacancy Language Earns Insurer Summary Judgment

On May 14, 2024, the Eastern District of Pennsylvania held that the Vacancy provision in a commercial property policy applied, barring coverage for a policyholder’s claim of over $13 million in theft/vandalism damages, while simultaneously denying allegations of bad faith.  In 4301 N Delaware QOB LLC v. Selective Insurance Company of South Carolina, the plaintiff policyholder sued Selective for breach of contract and …

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CONGRATULATIONS!!

HKR associate, Patrick Clawson has been admitted to practice law in the State of Ohio. Way to go, Patrick! We look forward to great things!

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Connecticut Insurance Department Addresses AI

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’ …

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Property in 60 Seconds: Maryland Court Voids Post-Loss Assignment

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 …

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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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