We are very pleased to celebrate HKR’s First Anniversary on July 1, 2022! Thank you to our valued clients and colleagues for your support. Here are some facts about today’s HKR: We have offices in 3 states: PA, NJ, and NY HKR attorneys are admitted in 9 states: PA, NJ, NY, MD, OH, IL, IN, …
The U.S. District Court for the Western District of Pennsylvania in Devein Dalessio Trucking, LLC v. Progressive Corp. recently held that Plaintiff’s statutory bad faith claim cannot be exclusively based on an allegedly improper cancellation of a policy and granted the carrier’s motion to dismiss. Pennsylvania’s bad faith statute is limited to causes of action …
Improper Policy Cancellation Does not Support A Statutory Bad Faith Claim Read More »
Hurricane season officially started on June 1. 2022. We are already preparing for two potential storms, Alex and Bonnie, which are forming in the Atlantic. For the seventh year in a row, experts are predicting another above-average hurricane season, anticipating between 14 and 21 named storms, 6 to 10 of which could become hurricanes. The …
HKR’s Matt Malamud and Lexie Doran’s article, “COVID-19 Business Interruption Coverage Litigation Update,” was recently published in the May 2022 edition of Counterpoint, an official publication of The Pennsylvania Defense Institute. Business interruption coverage for losses caused by the COVID-19 pandemic remains an important and rapidly developing issue. At HKR, we are committed to staying …
Matt Malamud and Lexie Doran published in PDI’s Counterpoint Read More »
Reservation of rights letters notify policyholders that all or some of their claims may not be covered under their insurance policies. Insurance companies may deny coverage for a variety of reasons including: (1) the provisions of the policy, (2) legal principles, and (3) actions of the policyholder. To avoid waiving any of their available defenses, …
The Importance of Specificity in Reservation of Rights Letters Read More »
HKR’s Bob Horst has recently been quoted in two articles published in Claims Journal dealing with appraisal: Appraisals, Water Damage Fraud Among ‘New Normals’ Discussed at PLRB (April 5, 2022) Insurers Challenging Awards When Appraisers’ ‘Disinterest’ in Question (April 19, 2022) The law surrounding the appraisal process has been developing rapidly throughout the country in recent months. …
PROPERTY IN 60 SECONDS: Bob Horst Quoted in Claims Journal Read More »
This morning, in the first state supreme court opinion on COVID-19 business income coverage, the Massachusetts Supreme Judicial Court held that the virus does not cause physical loss of or damage to property that could trigger coverage under commercial property policies. In Verveine Corp. v. Strathmore Ins. Co., the Massachusetts Supreme Judicial Court upheld the trial court’s ruling in favor of …
Cryptocurrency, such as Bitcoin, Ethereum and Litecoin, is a digital or virtual currency that is secured by cryptography. A distinct feature of cryptocurrency is that it is not issued by any central authority, such as a bank. Instead, internet users help maintain and manage the value of cryptocurrencies. Cryptocurrency does not have any tangible existence, …
Cryptocurrency Complications in the Property Insurance Context Read More »
Condominium claims can be challenging, even for experienced adjusters. Condo losses regularly involve building exteriors, decorated common areas, multiple units, and other insurers. Depending on the areas of the condo damaged, an incident could implicate multiple insurance policies at the same time. When considering condo claims, unit owners and associations will typically review multiple property …
Property insurers are enjoying a late Winter harvest courtesy of Minnesota. In Elm Creek v. State Farm, the Minnesota Court of Appeals recently ruled that the “harvesting” of undamaged siding was a reasonable method of repair. The loss location was a “residential, common-interest community” with 21 buildings, some of which were damaged during a 2017 hailstorm. …
PROPERTY IN 60 SECONDS: Harvesting Undamaged Siding is a Reasonable Repair Read More »
