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

Co-authored by: Michael J. LeMoult & Jessica McDade 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, …

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Connecticut Supreme Court Ruling Limits Coverage for Policyholders with Crumbling Foundations

Co-authored by: Michael J. LeMoult & Jessica McDade 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 …

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Insurance Companies Are Required to Give Notice When there is a Substantial Change of Coverage in a Homeowners Insurance Policy

Co-authored by: Cileena Terra       A recent decision in Connecticut confirmed that substantial changes in property coverage policies are considered a “non-renewal” that requires insurers to give insureds 60 days’ notice. That Court found that the property and casualty insurers’ advance notice requirement for non-renewal of a policy applies to renewals conditioned on acceptance of …

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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?

Co-authored by: Alison Gillotti and Cileena Terra             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. § …

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Business Interruption Coverage: Recent Developments

Co-authored by: Alison Gillotti       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 …

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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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States are Currently Proposing Legislation Requiring Retroactive Removal of Virus Exclusion to Coronavirus Business Income and Civil Authority Claims

     States across the United States have been proposing legislation that could retroactively remove virus exclusion clauses for COVID-19 business income and civil claims. New Jersey has recently proposed Assembly Bill 3844 which would mandate that “every policy of insurance insuring against loss or damage to property, which includes the loss of use and occupancy and …

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Suspension of Statutes of Limitation amid COVID-19 Pandemic does not apply to suits against your Insurance Company

Everyone in Connecticut has been effected by the COVID-19 pandemic and the Executive Orders issued by Governor Ned Lamont. Some Connecticut resident may have recognized that recent Executive Order 7G suspends most civil statutes of limitation, allowing causes of action with deadlines to initiate a lawsuit by March 19, 2020 to be filed after that …

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Is There Business Interruption Coverage For Damages Caused By The Corona Virus (COVID-19)?

The outbreak of the coronavirus (COVID-19) has stopped or stalled thousands of American business in its wake. The economic results of the pandemic are only starting to be realized, and the National State of Emergency and related shuttering of many businesses will only add fuel to this fire. As a result, many businesses are looking …

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Xactimate, who owns it and who are you actually dealing with when the insurance company relies on an Xactimate estimate?

Xactimate is a program created by Xactware and it used by insurance companies to estimate property damage claims that many believe are biased against the insureds in favor of the insurance company. Today 22 of the top 25 property insurance companies in the U.S. use Xactware property insurance claims tools. Xactware is a subsidiary of …

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