The Property Line

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Florida Court Rules Homeowner Can Assign Benefits Absent Insurer Consent

Elaine Gattus purchased a homeowner’s policy from Gulfstream Property and Casualty Insurance Company (Gulfstream). The policy included a provision that stated “[a]ssignment of this policy will not be valid unless we give our written consent.” After Gattus’ home suffered damage,… Continue Reading →

Methods of Calculating Actual Cash Value of a Claim

Tressler LLP is pleased to present the updated 50 State Survey on “Methods of Calculating Actual Cash Value of a Claim,” published by Todd Schenk, Todd Rowe and Aon Hussain. Many property insurance policies provide for payment of a claim… Continue Reading →

9th Circuit Holds Decay Between Walls Did Not Trigger Decades-Old “Collapse” Coverage

In the unpublished Queen Anne Park Homeowners Assoc. v. State Farm Fire & Cas. Ins. Co., the 9th U.S. Circuit Court of Appeals addressed a HOA’s 2011 claim for coverage under property insurance policies issued by State Farm when it… Continue Reading →

First-Party Insurance Claims Related to the “Internet of Things” an Emerging Issue for 2016

Republished from Tressler’s Privacy Risk Report blog. While the “internet of things” (IoT) is not a new concept for the insurance industry, many people outside the insurance industry are just beginning to discuss this issue. In general, the term “internet… Continue Reading →

Minnesota Prejudgment Interest Statute Does Not Apply to Appraisal Awards Without an Underlying Breach of Contract or Bad Faith Claim

Cincinnati Insurance Company (Cincinnati) provided a homeowner’s policy to the insured. Pursuant to a Minnesota state statute, the policy included an appraisal clause mandating that if the parties could not agree on the valuation of a loss, that either party… Continue Reading →

Tressler LLP Launches The Property Line Blog

Tressler LLP is pleased to announce the launch of the firm’s latest blog, The Property Line. To keep up with the changing digital landscape, The Property Line will replace the firm’s traditional e-newsletter First-Party Property Insurance Law Alert. The blog… Continue Reading →

Arkansas Supreme Court Holds ACV Calculations Should Not Include Depreciation of Labor

It is a well-settled principle that the plain language of insurance policies prevail. In coverage disputes, it is rare to see a court purposefully ignore the application of unambiguous policy language. The Arkansas Supreme Court, however, recently ignored specific contract language, holding… Continue Reading →

Illinois Appellate Court Holds Mortgage Clause Trumps Vacancy Condition

In Old Second Nat’l Bank v. Indiana Ins Co., 2015 IL App (1st) 140265 (Ill. App. Ct. 1st Dist. 2015), the Illinois Appellate Court for the First District upheld summary judgment in favor of a mortgage holder, finding a standard… Continue Reading →

Update on Joy Tabernacle v. State Farm Fire and Casualty

Our August 2014 post addressed the decision of the U.S. District Court for the Eastern District of Michigan in Joy Tabernacle-The New Testament Church v. State Farm Fire and Cas. Co., 2014 U.S. Dist. LEXIS 97478 (July 18, 2014). This… Continue Reading →

The Insured JAW Is Bitten by the Anti-Concurrent-Causation Clause

In JAW The Point, LLC v. Lexington Ins. Co., 2015 Tex. LEXIS 343 (Tex. 2015), the Texas Supreme Court held an anti-concurrent-causation clause in the insured’s policy precluded coverage for increased rebuilding costs following Hurricane Ike. JAW The Pointe, LLC… Continue Reading →

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