The U.S. Sixth Circuit Court of Appeals recently addressed an insured’s entitlement to replacement cost benefits following a fire loss. In Hampton v. Safeco Ins. Co. of Am., Case No. 14-6064, 2015 WL 3555866, — Fed. Appx. — (6th Cir. 2014), the court addressed whether an insured could recover the estimated […]
On October 8, 2014, the Oregon Court of Appeals issued an opinion in Patton v. Mutual of Enumclaw Ins. Co., 266 Or App —, — P3d — (2014) (“Patton II”) addressing the period of time an insured has to repair or replace property that was damaged by fire. This was […]
The U.S. Court of Appeals for the Third Circuit recently issued an unpublished opinion in Pellegrino v State Farm Fire and Cas. Co., 2014 WL 2446063 (June 2, 2014), addressing whether an insured is entitled to payment for matching materials as part of the actual cash value payment. Applying Pennsylvania law, the […]
On February 13, 2014, the Court of Appeals of New York issued an opinion in Executive Plaza, LLC v. Peerless Ins. Co., — N.E.3d —, 2014 WL 551251 (N.Y. 2014) addressing a certified question from the U.S. Court of Appeals for the Second Circuit concerning application of a two-year suit limitation […]
The Property & Liability Resource Bureau (PLRB) has highlighted two recent MLR success stories on its Property and Liability Legal Updates page (login required). The first case highlighted by PLRB is the Hoffman v. Foremost Signature Ins. Co., Civ. No. 6:12-cv-1534-MC, matter from the U.S. District Court in Oregon, in […]
On October 21, 2013, MLR attorneys F.J. Maloney and Kyle Sturm obtained partial summary judgment in an insurance coverage lawsuit involving property damages following a fire in the plaintiff’s mobile home. Plaintiff argued that she was entitled to replace her mobile home with a stick-built home, and that she was […]
