The Property Insurance Law Observer will survey court decisions, enacted or proposed legislation, and regulatory activities from all 50 states. We will also include commentary on current issues and developing trends of interest to first-party insurers.
Articles: 1-10 of 158
Southern District of Texas Holds that Appraisal Award is Inconclusive of Whether a Loss is Covered
USA - August 29 2023 The Southern District of Texas recently held that an appraisal award did not establish liability for a covered loss under the policy. In Hoff v…
Florida Enacts Broad Insurance Reforms Focusing on Bad Faith
USA - March 29 2023 From 2019 to 2022, the Florida Legislature enacted four separate property insurance reforms that sought to rein in abusive property insurance…
Louisiana Supreme Court Reverses a Rare State Court of Appeals Win for COVID-19 Business Interruption Claimant
USA - March 27 2023 COVID-19 business interruption claimants have had few state appellate court decisions upon which to rely. Louisiana produced one such decision in…
Florida Appellate Court Holds that Deadline to Report Claims Does Not Nullify Prompt Notice Provision
USA - February 3 2023 Florida’s Third District Court of Appeal recently affirmed a summary judgment entered in favor of a property insurer, holding that there is no…
Florida Begins New Era with Major Property Insurance Reforms
USA - December 16 2022 For the fourth time since 2019, the Florida Legislature has enacted property insurance reforms aimed towards stabilizing a beleaguered insurance…
Texas Court of Appeals Nixes Plaintiff’s Attorney’s Fees Award Because Offsets Preclude Prevailing Party Status
USA - December 9 2022 The First Court of Appeals in Houston affirmed an analysis that involved math and application of the Texas Insurance Code. In Jones v. Allstate…
Fifth Circuit Resolves Split Over Chapter 542A Election of Liability for Agents
USA - October 11 2022 In Advanced Indicator & Manufacturing v. Acadia Insurance Company, the Fifth Circuit resolved a thorny split in Texas federal district courts…
Oklahoma Supreme Court rejects “loss of use” argument, nixes covid-19 business interruption suit
USA - September 19 2022 There is a clear nationwide trend of federal courts disposing of COVID-19 business interruption suits. Insureds are not clearing their initial burden…
Texas Court of Appeals Adds Confusion to Post-Appraisal Litigation Under the TPPCA
USA - August 30 2022 Ever since the Texas Supreme Court changed the landscape of Texas law regarding appraisal in Barbara Technologies Corp. v. State Farm Lloyds, 589 S.W…
Florida Appeals Court Reverses Appraisal Ordered In Storm Suit
USA - August 2 2022 On July 20, 2022, Florida’s Third District Court of Appeal reversed and remanded a trial court’s decision compelling the parties to proceed with…
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