Property in 60 Seconds

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Property in 60 Seconds: Texas Supreme Court Rebukes Contractor Endorsing Public Adjuster Licensing Statute

On June 7, 2024, the Texas Supreme Court issued an opinion upholding the State’s Public Adjuster Licensing Statute against a constitutional challenge by a roofing contractor.  The Court held that the statute’s licensing requirement, as well as the dual capacity prohibition, preventing a company from serving as both a contractor and a public adjuster in …

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Property in 60 Seconds: Clear Vacancy Language Earns Insurer Summary Judgment

On May 14, 2024, the Eastern District of Pennsylvania held that the Vacancy provision in a commercial property policy applied, barring coverage for a policyholder’s claim of over $13 million in theft/vandalism damages, while simultaneously denying allegations of bad faith.  In 4301 N Delaware QOB LLC v. Selective Insurance Company of South Carolina, the plaintiff policyholder sued Selective for breach of contract and …

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Property in 60 Seconds: Maryland Court Voids Post-Loss Assignment

The Appellate Court of Maryland held today that an anti-assignment clause applied to void a policyholder’s “broad assignment.”   In the Matter of the Petition of Featherfall Restoration LLC, the policyholders executed an “Assignment of Claim” which purported to give broad rights under the Policy related to a roof damage claim. Specifically, the “Assignment of Claim” stated …

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Property In 60 seconds: California Addresses Policyholder’s Desire to Video EUO

A California appellate court recently decided that policyholders can video-record insurer representatives and attorneys during Examinations Under Oath. While the California Insurance Code allows video-recordings during Examinations, the Code does not specify which individuals can be recorded, aside from the witness. That court considered the legislative intent of the Code and its language, allowing parties the “right …

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Property in 60 Seconds: Texas and Florida Supreme Courts Weigh In On Appraisal Issues

The Supreme Courts for both Florida and Texas issued opinions addressing appraisal in those jurisdictions. The Texas Supreme Court in Rodriguez v. Safeco held that an insurer’s full payment of an appraisal award plus statutory interest precludes the recovery of attorney’s fees in an action under Chapter 542A of the Texas Prompt Payment of Claims Act. The court …

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Property in 60 Seconds: Florida Federal Court Enforces “Time of Loss” Language in Valuation Provision

Three years makes a difference. A Florida federal court has held that repair costs are to be measured at the time of the loss – not at the time of the later repairs – when calculating actual cash value/replacement cost. The court considered and applied a common policy provision, which required that the value of …

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

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

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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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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