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Understanding the Role of Public Adjusters

The role of public adjusters is clearly set forth under Pennsylvania law.  Public adjusters advise and assist policyholders with their insurance claim.  See 63 P.S. § 1601.  Public adjusters do not “represent” anyone.  Public adjusters are not attorneys, nor are they representatives or employees of an insurance company.  The public adjuster-policyholder relationship is regulated by …

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Does Homeowner’s Insurance Cover Airbnb Properties?

The advent of Airbnb and similar services has introduced new difficulties into the insurance industry.  Standard homeowner’s insurance policies only protect properties being used as a primary residence.  A residence purchased for use solely as an Airbnb will require an insurance policy that accounts for the short-term and intermittent occupancy. Airbnb provides Host Guarantee and …

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Insurance Coverage Litigation in Bankruptcy Court

A Policyholder that files for bankruptcy may sometimes seek to resolve an existing insurance coverage dispute through the bankruptcy court as an adversary proceeding.  After all, a pending insurance claim may be considered an asset in the bankruptcy proceeding. Bankruptcy court jurisdiction over insurance coverage actions is a complicated legal analysis that can vary by …

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PROPERTY IN 60 SECONDS: ILLINOIS SUPREME COURT ADDRESSES DEPRECIATION OF LABOR

The ability of an insurance carrier to depreciate labor costs when determining Actual Cash Value (“ACV”) varies from state to state, with a number of states yet to weigh in.  On September 23, 2021, the Supreme Court of Illinois provided definitive guidance in Sproull v. State Farm Fire & Cas. Co., affirming the appellate court, and …

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PROPERTY IN 60 SECONDS: SURFACE WATER EXCLUSIONS

In the wake of Hurricane Ida, please consider this reminder about the application of the Surface Water Exclusion in Pennsylvania and New Jersey.  Pennsylvania Pennsylvania courts recognize the enforceability of the Surface Water Exclusion and have long understood “surface water” as an unambiguous term meaning “waters on the surface of the ground, usually created by …

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SURVEY OF STATE LAW ON DEPRECIATION OF LABOR IN DETERMINATION OF ACTUAL CASH VALUE

Alabama – Maybe – Where an insurance policy defined actual cash value as replacement cost less an allowance for physical deterioration and depreciation, including obsolescence, depreciation of labor was permitted. See Ware v. Metropolitan Prop. & Cas. Ins. Co., 220 F.Supp.3d 1288 (M.D.Ala. 2016). However, in Arnold v. State Farm Fire & Cas. Co., 2017 …

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