Property in 60 Seconds

PROPERTY IN 60 SECONDS: Bob Horst Quoted in Claims Journal

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.  …

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PROPERTY IN 60 SECONDS: Massachusetts Supreme Judicial Court Rules for Insurer in COVID-19 Coverage Dispute

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 …

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PROPERTY IN 60 SECONDS: Harvesting Undamaged Siding is a Reasonable Repair

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.  …

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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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