Month March 2015

Estimated Costs Related to Storm Damage: Policyholder Survives Summary Judgment on a Breach of Contract Claim While Insurer Prevailed on Bad Faith Claims

The U.S. District Court for the Southern District of Texas granted State Farm Lloyds’ summary judgment motion as to three statutory bad faith claims, finding that the plaintiff failed to allege sufficient facts to support claims of bad faith conduct,… Continue Reading →

California Court Finds Proposition 103 Prohibits Insurers From Including Costs Related to Certain Advertising Activities in Premiums

Proposition 103, enacted in California in 1988, requires approval by the California Department of Insurance before implementing property and casualty rates. Proposition 103 also allows for policyholders to participate in the process setting rates for auto and property insurance. Since… Continue Reading →

Court Rules in Favor of Policyholder: Policy Does Require Replacement of All Siding When Necessary for a Color Match Even Though Only a Portion Was Damaged by Hail

The Minnesota Supreme Court affirmed an appraisal award in favor of the Cedar Bluff Townhome Condominium Association for total replacement of all siding on the insured building, rather than just the hail-damaged siding. Cedar Bluff Townhome Condominium Assoc, Inc. v…. Continue Reading →

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