In this week’s Progressive American Insurance Company v. Gonzalez, a Florida state appellate panel provided additional clarity related to civil remedy notices and the notice necessary to insurers post-filing. In doing so, the court reversed a $25 Million judgment. In Gonzalez, after being injured in a car accident and filing a UM/UIM claim with Progressive, …
$25 Million Judgment Reversed By Florida Appellate Court Read More »
A Ohio federal court has clarified what constitutes a “reasonably comparable appearance” under Ohio’s matching regulation. In Cinnamon Ridge Condo. Ass’n v. State Farm Fire & Cas. Co., the court determined whether a reasonably comparable appearance should be judged based on a ground level, or line of sight, viewpoint. Even an aerial view was considered, and rejected. …
Cinnamon Ridge’s Sweet Clarity in Ohio Matching Dispute Read More »
According to Judge Gerald Pappert of the U.S. District Court for the Eastern District of Pennsylvania, a homeowner’s insurance policy did not cover the replacement of undamaged siding, even if the new siding — on the damaged portion — did not match. In Grote v. Am. Econ. Ins. Co., a windstorm caused a tree to fall on …
Property in 60 Seconds: Pennsylvania Federal Court Rejects Matching Claim Read More »
The arrival of The Mayers Firm’s lawyers and staff bolsters HKR’s insurance litigation practice, which focuses on high exposure/excess matters and liability defense. HKR will continue to showcase a wealth of experience with complex litigation, appellate matters, and insurance coverage services. “I am excited to join HKR and look forward to contributing to the firm,” Mayers commented. “My team is tremendously experienced. We’re …
The U.S. District Court for the District of Maryland recently issued two opinions reaching opposing conclusions on whether a showing of actual prejudice is required to establish waiver of an insurance policy’s appraisal provision. In both cases, the court was asked to resolve a similar question: Whether an insured had waived its right to demand …
Maryland Federal Court Issues Conflicting Opinions on Waiver of Right to Appraisal Read More »
The U.S. Court of Appeals for the 4th Circuit held yesterday that a crypto theft is not direct physical loss. In Sedaghatpour v. Lemonade Ins. Co., one of the relatively few recent coverage decisions addressing cryptocurrency, the court considered a theft claim of over $170,000 in cryptocurrency stored in a “hot wallet,” an internet-connected cryptocurrency …
Fourth Circuit Holds Cryptocurrency Cannot Suffer Direct Physical Loss Read More »
On September 26, 2024, via two decisions, Ungarean v. CNA and MacMiles v. Erie Insurance Company, the Pennsylvania Supreme Court confirmed what we, as an industry, have known since March of 2020 – economic loss alone, with an absence of direct physical loss or damage, does not constitute a covered first party property claim. The …
Property in 60 seconds: Insurers Prevail in PA Supreme Court COVID Litigation Read More »
On July 23, 2024, the Massachusetts Supreme Judicial Court held that an accumulation of rainwater on a roof is not considered “surface water.” Regarding a flood sublimit in a commercial policy, the policyholder argued that surface water only included water that reaches the surface of the earth. In contrast, the insurer argued that the term …
Property in 60 Seconds: Massachusetts Supreme Court Addresses Surface Water Read More »
On July 3, 2024, the Michigan Department of Insurance and Financial Services (DIFS) issued a bulletin, which expressly prohibits insurance companies from depreciating labor when calculating actual cash value (ACV), unless the insured as agreed to the depreciation of labor in exchange for a lower premium. According to DIFS: ACV is ordinarily understood to mean …
