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 …
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 …
New Jersey Supreme Court to Address Coverage for Cyber Attack Under Property Policy Read More »
With the start of hurricane season, one issue that receives frequent attention in claims adjustment and subsequent litigation is the flood deductible and/or sublimit under a property insurance policy. A 2021 decision by the Fifth Circuit Court of Appeals in McDonnel Grp., L.L.C. v. Starr Surplus Lines Ins. Co. serves as a useful reminder of …
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 …
The Role of Artificial Intelligence in the Legal Practice Read More »
The U.S. Court of Appeals for the Ninth Circuit recently addressed the requirements for a valid assignment of benefits under an insurance policy, with an emphasis on who has the authority to carry out the assignment. In MS v. DB Ins. Co., Ltd., a broken fire hydrant caused damage to thirty-one rooms in a California …
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 »
