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Pennsylvania Position on Landlord vs. Tenant Subrogation Actions

Subrogation

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 …

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Property in 60 Seconds: Florida Supreme Court Defines “Disinterested” Party in Appraisal

Appraisal, Property in 60 Seconds

The Supreme Court of Florida recently resolved a long disputed issue holding that an appraiser who enters into a contingency agreement with a homeowner is not a disinterested party for appraisal purposes. In Jon Douglas Parrish v. State Farm Florida Insurance Company, the Court found that an appraiser cannot be disinterested if they, or a …

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HKR Announces ADR Center

Press Release

Horst Krekstein & Runyon (HKR) is proud to announce its expansion into alternative dispute resolution—HKR’s ADR Center. The ADR Center offers deeply experienced attorneys and a former trial court Judge for Mediation, private Arbitration, Neutral Evaluation, and property insurance Appraisal services. Our alternative dispute resolution practice is recognized for effectiveness, fairness, and problem solving. Responsiveness …

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Property in 60 Seconds: Texas Federal Court Addresses Depreciation of Labor

Depreciation of Labor, Property in 60 Seconds

A federal district court in Texas has become the latest to weigh in on whether insurance carriers may depreciate labor when determining the Actual Cash Value (“ACV”) of a loss. On January 11, 2023, in Sims v. Allstate Fire,  the U.S. District Court for the Western District of Texas was asked to decide whether labor could be …

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Ohio Supreme Court Holds Ransomware Attack Does Not Cause Direct Physical Loss

Cryptocurrency, Direct Physical Loss, Emerging Issues

This week, in EMOI Services, LLC v. Owners Insurance Company, the Ohio Supreme Court held that a ransomware attack on a medical billing company did not cause direct physical loss of or damage to software, where the company’s computer equipment remained unharmed.  The Court further explained that the computer software does not have a material …

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Third Circuit Affirms Judgment in Favor of Carrier on Insurance Fraud Claim

Fraud

In State Auto Prop. & Cas. Ins. Co. v. Sigismondi Foreign Car Specialists, Inc., the Third Circuit upheld the District Court’s finding that the policyholder had committed insurance fraud when it provided altered invoices to support the values being claimed for allegedly damaged business personal property. The policyholder initially argued that the altered invoices were …

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Uber Eats Drivers Denied Underinsured Motorists Coverage Under New Jersey’s Network Company Safety and Regulations Act

UM/UIM

A New Jersey trial court recently addressed an issue of first impression under the State’s new app-based transport services law, the Network Company Safety and Regulations Act, which requires companies that conduct business in the transportation sector, such as Uber, to provide at least $1.5 million in underinsured motorists coverage. In Malzberg v. Josey, the …

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