Month: July 2011

Overhead and Profit Should Be Included in Actual Cash Value Payment to Policyholder | Property Insurance Coverage Law Blog

In many states that have addressed the issue, an insurance company is obligated to pay contractor overhead and profit as part of replacement cost coverage, regardless of whether the insured hires a contractor or pays overhead and profit to a contractor. In Mee v. Safeco Ins. Co. of America, 908 A.2d 344 (Pa. Super. 2006), …

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Deconstructing the All-Risk Policy: The Mold Exclusion, Part 2 | Property Insurance Coverage Law Blog

Last week’s post introduced the mold exclusion commonly found in many all-risk policies. While last weeks post focused on a situation where mold damage was excluded, this week I am writing about a case where mold damage was covered, even though the policy at issue had a mold exclusion. In Bowers v. Farmers Insurance Exchange, …

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Failure to Communicate with the Insured’s Contractor is Bad Faith | Property Insurance Coverage Law Blog

Late last year, Colorado’s appeals court determined that insurers have a good faith duty to communicate– not only with the insured, but also with anyone it was reasonably aware legitimately needed information pertaining to the handling of an insured’s claim. In Dunn v. Am. Family Ins., 251 P.3d 1232, 1238 (Colo. App. 2010), the insureds’ …

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Deconstructing the All-Risk Policy: Mold Exclusions, Part 1 | Property Insurance Coverage Law Blog

The past few weeks, I wrote about the evolution of the all-risk policy from some of the earliest fire insurance policies and explained that “all-risk” does not mean all loss. This week I want to focus on one of the common exclusions found within all-risk policies – the mold exclusion. Mold exclusions often contain language …

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Knowing When to Invoke the Appraisal Process Versus Filing a Lawsuit for Declaratory Relief | Property Insurance Coverage Law Blog

Most people never think about their insurance policy until they are forced to make a claim. Once a claim is filed, insureds may find it is difficult to agree with the insurance company on the scope of and valuation of damages. In many cases, insureds find themselves in a dispute with the insurance company and …

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Insurer Post-Loss Obligations and Appraisal – The Other Side of Romay | Property Insurance Coverage Law Blog

Almost twelve years ago, Florida’s Third District Court of Appeal published its opinion in U.S. Fid. & Guar. Co. v. Romay, 744 So. 2d 467 (Fla. 3d DCA 1999). As of the writing of this post, Romay has been cited in no less than 44 published court opinions. Most of these cases, like the recent …

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