In its recent unpublished decision Allstate New Jersey Insurance Co. v Amazon.com, Inc., No. 3:2017cv02738 (D. N. J. July 24, 2018), the U.S. District Court for the District of New Jersey ruled that Amazon, Inc. was not liable as the seller of a laptop battery that allegedly caught fire and destroyed the customer’s home.
All mortgages require the borrower to maintain a homeowner’s insurance policy on their home. Lenders, most often banks, have a lot at stake and understandably want to protect themselves by requiring the homeowner to purchase adequate insurance.
A California court of appeal recently held a wealthy wine merchant (connoisseur is almost certainly too gracious a term here) could not recover for his financial loss when he discovered his “vintage” wine was actually counterfeit. Doyle v. Fireman's Fund Ins. Co., No. G054197, 2018 Cal. App. LEXIS 187 (Ct. App. Mar. 7, 2018)
In a case that highlights the sometimes harsh nature of statutes of limitations, a federal court in Southern California granted defendant USAA’s motion for summary judgment on all claims brought by a widow because she failed to file her lawsuit on time. Earlywine v. USAA Life Ins. Co., No. 3:17-CV-328-CAB-NLS, 2018 U.S. Dist. LEXIS 16968 (S.D. Cal. Feb. 1, 2018).
In Florida, policyholders must first file a civil remedy notice (CRN) against their insurer before they can file a lawsuit claiming bad faith. A Florida appeals court recently made it easier (and hopefully quicker) to file bad faith suits against insurance companies, holding that a policyholder need not wait until the appraisal process was completed, a typical requirement mandated by insurance policies, before filing a CRN. Landers v. State Farm Florida Ins. Co., No. 5D15-4032, 2018 WL 472407 (Fla. Ct. App. Jan. 19, 2018).
Public adjusters represent the policyholder for a fee. Most public adjusters charge for a percentage of the settlement claim amount—generally 10 percent. Find out if a public adjuster is right for you.
Policyholders owe their insurers a broad duty of cooperation in assisting the insurance company assess and value the loss, and even to determine whether there is coverage at all.
“Other Insurance” clauses can add a layer of complication for policyholders who experience a loss that may be covered under more than one of their insurance policies. Find out which policy your claim falls under.
Certificates of insurance pose major problems for all parties – the insurance company, agents, and the insured.
Do you qualify for morgage releif during your claim?