The Strike Zone's Over Here, Ump! A Multi-Jurisdictional Overview of Recent Coverage and Valuation Issues Arising During Appraisal
In the wake of a property loss, disputes often arise between policyholder and insurer regarding the value of the claim. The purpose of the appraisal process is to move the claim adjustment process forward even in the event of such disputes. Standard appraisal provisions provide that upon a disagreement between the insurer and the insured on the "amount of loss," either party may demand an appraisal. After such a demand is made, each party has a designated time period in which to identify an appraiser. ... Continue Reading
In the first-party insurance context, most policies provide more than one type of coverage. A homeowner's policy will usually contain a liability component and a property component, as well as providing different types of property coverage—coverage for structure or dwelling damage versus coverage for damage to personal property and contents. Often times, one event or loss will trigger more than one type of coverage under the same policy, such as in a fire loss. ... Continue Reading
Insurance companies investigating fraudulent claims often seek an insured's cell phone on the grounds that the data contained therein is material to its coverage investigation. The GPS data on the insured's phone may provide evidence regarding the insured's location at the time of the loss. The text and call history could also provide information helpful to the fraud investigation. Realizing the potential incriminating evidence that could be obtained through his cell phone, an insured might "lose" his cell phone. What consequences might a court assess because of an insured losing his cellphone or otherwise failing to preserve the cellular data? A federal court has answered that question, holding the insured can be sanction for spoliation of the evidence. ... Continue Reading
Property owners may see many benefits to financing the sale of property themselves, including a higher sale price and a more expedient closing. Many times such owner-financed sale agreements can take the form of "lease to own" transactions in which a landlord-tenant relationship quickly transitions into a seller-buyer relationship. ... Continue Reading
Motions for summary judgment are critical tools to litigation, if they can be won. ... Continue Reading
The Journal is a publication for the clients of Drew Eckl & Farnham, LLP. It is written in a general format and is not intended to be legal advice to any specific circumstance. Legal Opinions may vary when based upon subtle factual differences. All rights reserved.
H. Michael Bagley