In construing policies that covered loss “caused by or resulting from water damage” but excluded coverage for loss caused by “dampness of atmosphere” or by “[e]xtremes or changes in temperature,” the United States Court of Appeals for the District of Columbia recently preserved coverage under an ensuing loss exception to the exclusions in 3534 East
Property Insurance
Sunscreen Is Not the Only Key to Avoid Getting Burned This Summer: The Importance of a Mid-Year Review of Your Insurance Policies
By Matthew F. Hall on
Summertime. The kids are getting out of school. Maybe you have a vacation planned. Down here in Florida, we make early preparations for the annual “it’s going to be the worst hurricane season on record” reports. Whatever your plans are this summer, it is also best practice to include a mid-year review of your insurance…
Certified Conflict on Carrier’s Burden to Show Prejudice Caused by Late Notice of Claim in Florida
By Matthew F. Hall on
Posted in Claims Resolution, Property Insurance
It is long-standing law in Florida (and elsewhere) that an insurer can deny a claim when it was prejudiced by a policyholder’s failure to provide timely notice. However, there has been some debate in recent years about whose burden it is to prove that the insurer was prejudiced, especially in property insurance claims involving Citizens…