claims litigation News

No Coverage for Food Plant’s $2M Cost to Avoid Shutdown, Potential BI Claim

Ken’s Foods would likely have filed a $10 million business-interruption claim had it not spent $2 million to upgrade its wastewater treatment system, the company’s lawyer says. That doesn’t mean its insurer has a common-law duty to reimburse the company …

DCA Can’t Prohibit Lower Court Ruling, Florida Justices Decide in Insurance Case

Claim Was Settled, But Insurer Attorneys Revealed Mediation Info, Claimants’ Lawyer Says An appeals court cannot be used to prohibit a lower court’s decisions, except through the normal appeal process, the Florida Supreme Court decided Thursday in a case that …

Florida Class Action Wants Answer: Must Insurer Pay Attorney Fees for Pre-Suit Notices?

Florida’s Senate Bill 76, signed into law last June, was supposed to help reduce insurance claims litigation by making policyholders give 10-day notice before they file suit. The idea was to give insurers a little more time to settle, re-inspect …

People’s Trust Must Hand Over Underwriting Manuals in Claims Litigation, Court Says

A property insurer must give up its underwriting manuals in a claims dispute, a Florida appeals court said Wednesday. In People’s Trust Insurance Co. vs. Theodore Foster, the 1st District Court of Appeals in Tallahassee declined to quash a trial …

Florida OIR Says Claims Info Data Call Coming Early Next Year

Florida’s insurance commissioner announced that his office had begun a rulemaking process to draft a form insurers should use to report a wide range of data on claims, as required by legislation passed in 2021. “Residential property insurers should begin …

The $1M Bad Faith Case and the Missed Deadline

Darryl A. Vachon did not accuse Travelers of bad faith in handling his $25,000 uninsured motorist claim until after a jury found he had incurred $1,022,780 in damages. Because he didn’t, the insurer must now defend itself against a million-dollar …

Chubb Sued for $60M by Owners of Ohio Mansion Destroyed by Fire

The owners of a southwest Ohio mansion that burned to the ground last year are suing their insurance company for almost $60 million for allegedly not honoring their claims. Court documents show homeowners Jeffrey and Maria Decker filed the lawsuit …

Insurance Lawsuits to Follow Irene

As the water recedes from Hurricane Irene, lawyers are expecting disputes over insurance coverage to pour in. The biggest fights will stem from arguments over property damage and whether it resulted from wind or water, legal experts said. Similar questions …