Parties frequently fight over whether an appraisal is an arbitration after an appraisal award is entered. I recently noted that the Rhode Island Supreme Court found that appraisals function as arbitrations in “Is It Appraisal, or Is It Arbitration? Can Appraisal be Appraisal and Arbitration at the Same Time?” A Virginia court was recently faced with the same …
Insurance
Frankfurt and Berlin
Frankfurt am Main
The D&O Diary’s European travels continued last week with two stops in Germany — first, a stop in Frankfurt, the country’s business and financial center, and with a further stop over the weekend in Berlin, the country’s capital and largest city.…
Lessons on Ownership Proof and the Evolving Standard of Bad Faith in Arizona
A recent decision by the Ninth Circuit Court of Appeals in Altschuler v. Chubb National Insurance Company 1 reaffirms some foundational insurance principles when it comes to proof of ownership and the handling of claims for unique, high-value property. The ruling also provides insight into how Arizona courts evaluate claims of bad faith, a standard that has ……
Roofers Need Valid Assignments and the Growing Trend of Law Firms Establishing Public Adjusting Firms
The recent case of Ace Roofing & Construction, Inc. v. Travelers Property Casualty Company of America 1 offers a straightforward but significant holding with broader implications for both contractors and legal practitioners operating in the property insurance claims arena. The court’s decision reiterates a foundational principle that a roofing contractor cannot sue a property insurance carrier without ……
Reasonable Care To Protect Property
Almost all homeowners policies will require the insured to use “reasonable care” to protect their property from damages. Here is a 2025 opinion from the Southern District of Texas, Houston Division, that deals with that issue. The opinion is styled, Dorcas Giwa v. State Farm Lloyds.
This is a summary judgement case.
The…
UPDATE – Departments issue nonenforcement policy statement!
Related Links
- A Bit of Mental Health Parity Relief for Employers Sponsoring Group Health Plans
- Departments’ Nonenforcement Policy
Article
On May 15, 2025, the Departments of Labor, Treasury, and Health and Human Services issued their anticipated nonenforcement policy regarding the 2024 Mental Health Parity regulations. As expected, nonenforcement is applicable “only with respect to those…
Insurer Must Consider New Facts
The Duty of Good Faith & Fair Dealing Continues After Court Finds No Duty to Defend
Post 5076
See the full video at https://rumble.com/v6tezcl-insurer-must-consider-new-facts.html and at https://youtu.be/IMsuHXg2c4Y
Duty to Defend Required After New Facts Delivered
Nautilus Insurance Co. was entitled to rely on trial court Judge Dorsey’s summary judgment ruling in a previously filed separate…
Should Congress Enact a Federal Unfair Claims Practice Law? A Question That Needs Serious Consideration Following Congressional Investigation
This week’s Senate hearing on the insurance industry’s claims practices following natural disasters wasn’t just a made-for-TV moment. It was a five-alarm warning siren for policyholders and insurers across the country. With photos of collapsed breezeways, stories of children sleeping on floors after insurers not paying, and property insurance adjusters essentially confessing to being neutered ……
Illinois Appellate Court Holds That Causation is Part of the Appraisal Process
On May 12, 2025, the Illinois Appellate Court for the Second District of Illinois held, for the first time, that “[r]esolving some questions of causation will be necessarily included in the appraisal process” in affirming the trial court’s grant of Plaintiff’s motion for judgment on the pleadings to compel State Farm to appraisal. 1 This ……
Latest Development in China’s Criminal Regulation on Intellectual Property
Ⅰ. Introduction
April 26, 2025, marks the 25th “World Intellectual Property Day”, and China also announced the “National Intellectual Property Week” from April 20 to April 26. In the wake of rapidly changing global situation and profound changes unprecedented in a century, China has simultaneously strengthened the protection of intellectual property and the enforcement against…