State ACC Clauses Enforced? Authority AL Yes State Farm Fire & Cas. Co. v. Slade, 747 So.2d 293 (Ala. 1999) AK Yes State Farm Fire and Cas. Co. v. Bongen, 925 P.2d 1042 (Alaska 1996) AZ Yes (except fire policies) Millar v. State Farm Fire and Cas. Co., 804 P.2d 822 (Ariz. Ct. App. 1990); …
SURVEY OF STATE LAW ON ENFORCEABILITY OF ANTI-CONCURRENT CAUSATION CLAUSES Read More »
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 …
SURVEY OF STATE LAW ON DEPRECIATION OF LABOR IN DETERMINATION OF ACTUAL CASH VALUE Read More »
Officially, hurricane season began on June 1, 2021. Unofficially, hurricane season kicked off ten (10) days earlier with Tropical Storm Ana, which formed off the southeast coast of Bermuda. 2021 is the seventh consecutive year to have a tropical storm form prior to the official start of the season. Since the official start of the …
THE 2021 HURRICANE SEASON IS ALREADY OFF TO A BLUSTERING START Read More »
In order to recover under Pennsylvania’s bad faith statute, a party must prove, by clear and convincing evidence, that (1) the insurer did not have a reasonable basis for its coverage determination, and (2) the insurer knew of or recklessly disregarded the lack of a reasonable basis. Rancosky v. Wash. Nat’l Ins. Co., 170 A.3d …
REASONABLY RELYING ON EXPERTS IS A MERITORIOUS DEFENSE IN BAD FAITH LITIGATION Read More »
