Liability Resulting from Text Messaging

Recently, the California Supreme Court accepted a certified question from the Ninth Circuit concerning insurance coverage for claims arising under the Telephone Consumer Protection Act (TCPA). The Court will determine whether, under California law, a commercial liability policy that covers personal injury includes coverage for claims that an insured violated TCPA by sending unsolicited text …

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Contract Requirements for Remediation and MitigationConnecticut General Statute 38a-313a

Pursuant to C.G.S. § 38a-313a, any person who contracts to perform repairs, remediation or mitigation work on a home under a personal or commercial risk policy must follow specific guidelines in order to protect the rights of insureds. This statute, which dictates what the contract with the insured should contain, is strictly enforced.   Connecticut …

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Appraisal Award Vacated Due to its Untimely Rendering

Attorneys Jon Biller and Michael LeMoult of Biller, Sachs, Zito & LeMoult, successfully argued for another Connecticut policyholder. Recently, Attorneys Jon Biller and Michael LeMoult were successful in overturning an unsatisfactory appraisal award because that the award was not timely rendered. Pursuant to Connecticut General Statute § 52-416(a), an appraisal award must be rendered within …

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Summary Judgment Granted for Property Damage Caused by the Leakage of Water

Attorneys Jon Biller and Michael LeMoult successfully argued for another Connecticut policyholder, who suffered property damage, which had been denied by his insurer. A transcript of Hon. Jeffrey A. Meyer’s decision to grant partial summary judgement in favor of the Connecticut policyholder can be read here. Recently, Attorneys Biller and LeMoult secured partial summary judgment …

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Connecticut Supreme Court Ruling Limits Coverage for Policyholders with Crumbling Foundations

The Connecticut Supreme Court recently ruled that an insurance policy form, which had been reviewed by this Court in the past and which potentially provided coverage for crumbling foundations, requires the policyholders’ home to have actually collapsed or be in imminent danger of collapsing in order to provide coverage. This strict standard has effectively taken …

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What Type of Notice is an Insurance Company Required to Provide Prior to Cancellation, Non-Renewal, or Issuance of Substantial Changes in a Policy?

The Connecticut Insurance Commissioner has issued several regulations interpreting Conn. Gen. Stat. § 38a-323, which provides notice requirements for cancellation, non-renewal, and substantial changes of insurance policy coverages. In 2009, the Commissioner issued PC-66 which stated that the advance notice requirements contained in Conn. Gen. Stat. § 38a-323 applied to substantial changes in coverage as …

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Business Interruption Coverage: Recent Developments

The current COVID-19 pandemic has caused widespread closure of non-essential businesses, the financial and economic effects of which are already being felt across the country. Many business owners are looking to their business interruption coverage to mitigate the financial impact this crisis is having. Business interruption coverage insures against financial loss resulting from the closure …

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COVID-19 Business Interruption/Extra Expense Coverage Checklist

Most businesses have suffered losses from closures related to Civil Authority Orders and/or Covid-19 Virus on their premises. Many insurance companies are denying coverage to those businesses. The following checklist is intended to help you determine if you have a loss, what steps to take and things to consider if your claim has been denied. …

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