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Texas Supreme Court to Address Contractor Challenge To Public Adjuster Law

Contractors, Emerging Issues, Public Adjusters

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

Condos

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

Appraisal

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

Fraud, Misrepresentation

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

Cyber

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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The Role of Artificial Intelligence in the Legal Practice

Artificial Intelligence, Emerging Issues

The legal practice is always playing catch up with the latest technology—the most recent example of this enduring game of cat-and-mouse is ChatGPT, an artificial intelligence tool that launched in November 2022. The use of ChatGPT in the legal industry recently came to a head, when two lawyers in the U.S. District Court for the …

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

Property in 60 Seconds

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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