Law

Texas Supreme Court Now Requires Showing of Prejudice for Waiver of Appraisal Provisions | SLG

The Texas Supreme Court displayed its strong preference for appraisal this past Friday, May 6, 2011. In In re Universal Underwriters of Texas Ins. Co., No. 10-0238 (Tex. May 6, 2011), the Court stated what a party must show to successfully argue that another has waived its right to appraisal. The Court clarified that unreasonable …

Texas Supreme Court Now Requires Showing of Prejudice for Waiver of Appraisal Provisions | SLG Read More »

State Farm Counsel Gets Strong Rebuke From Court for Misleading Legal Arguments | SLG

Last week, in Florida District Court of Appeal Says “Gamesmanship” By Insurance Counsel Warrants a New Trial, Shaun Marker wrote about insurance counsel who found themselves in hot water after making improper legal arguments in court during a hurricane insurance claim trial. This week I continue in that vein with another recent case in which …

State Farm Counsel Gets Strong Rebuke From Court for Misleading Legal Arguments | SLG Read More »

A Few Practice Pointers – Understanding Business Interruption Claims, Part 71 | SLG

Fulcrum Inquiry, an accounting firm in Los Angeles, California, prepared a very helpful list of practice pointers that is worth sharing in order to make the business income claims process more effective and less frustrating for all. I frequently employ most of these methods with great success and strongly advocate for a transparent and thoughtful …

A Few Practice Pointers – Understanding Business Interruption Claims, Part 71 | SLG Read More »

Can Allstate Require New York Insureds to Complete Repairs in 180 days? | SLG

New York policyholders, Thomas Woodhams and Charlene Connors, filed a claim for replacement cost damages arising out of a fire loss, but Allstate refused to pay the replacement figures. The policyholders brought suit, but the case was dismissed. Now on appeal, United Policyholders filed an amicus curiae brief on behalf of the insureds. United Policyholders (UP) has often …

Can Allstate Require New York Insureds to Complete Repairs in 180 days? | SLG Read More »

Jury Instruction on Bad Faith Claim was Abuse of Discretion | SLG

An important aspect of trial is the preparation of jury instructions. In Bertelsen v. Allstate Insurance Company, No. 25647, 2011 WL 1320525 (S.D. April 6, 2011), the Supreme Court of South Dakota evaluated how an improper jury instruction can affect an insured’s bad faith case against an insurance company. Bonnie Bertelsen worked as an in-home registered …

Jury Instruction on Bad Faith Claim was Abuse of Discretion | SLG Read More »

Prejudgment Interest Following a Wrongful Denial | SLG

Last week, a very able insurance defense attorney from Florida’s panhandle, Robert Palmer, brought Citizens Prop. Ins. Corp. v. Mallett, 7 So3d 552 (Fla. 3d DCA 2009), which involved prejudgment interest, to my attention. This case is not favorable to policyholders, especially in Northern Florida, and challenges a longstanding case, Independent Fire Ins. Co. v. Lugassy, which provides …

Prejudgment Interest Following a Wrongful Denial | SLG Read More »

Court Dismisses Agent Negligence Action for Failure to Establish Duty | SLG

Over the past several weeks, I have written about agent negligence cases in various jurisdictions. Chip SLG touched on the subject as well in his recent post, Establishing Duty is the Key to Agent Negligence Case. Because establishing the duty is so important, I want to take a look at another case that illustrates an …

Court Dismisses Agent Negligence Action for Failure to Establish Duty | SLG Read More »