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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When Does an Excluded Loss End and a Covered “Resulting Loss” Begin

When an excluded loss ends and when a covered “resulting loss” begins was the subject of a recent decision in, EMS USA, Inc. v. Travelers Lloyds Ins. Co., 54509 (S.D. Tex. Feb. 28, 2018). This case involved a builder’s risk policy that covered a natural gas pipeline construction job in Texas. The insured, pipeline contractor, …

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Period of Restoration and Extended Business Interruption Coverage

     The U.S District Court of New Jersey recently issued a decision that is useful in outlining the scope of business interruption coverage with respect to “period of restoration” and extended business income coverage. See Milk Industry Management Corp. v. Travelers Indemnity Co. of America, 337 F. Sup. 3d 423 (D.N.J. 2018). The insured, Milk Industry, …

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Replacement Cost Coverage

What is replacement cost coverage, and do you really have it?  Anyone who owns a home or business should have appropriate and adequate insurance coverage.  Most home and business owners have coverage known as replacement cost coverage.  Replacement cost coverage comes in various assortments such as “Guaranteed” replacement cost coverage, “superior” replacement cost coverage, and …

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Law or Ordinance Coverage

The Connecticut Association of Public Insurance Adjusters, together with a number of legislators and particularly with the assistance of the CAPIA Board and the lobbyists it retained, an “Act Concerning Law or Ordinance Coverage,” otherwise known as Public Act 18-105, was passed and will become effective on July 1, 2019. Public Act 18-105 provides that …

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Connecticut’s Uniform Relocation Assistance Act (URAA)

Connecticut’s Uniform Relocation Assistance Act (URAA) Attorneys, Public Adjusters, and Insureds alike have been dealing with municipalities’ efforts to charge property owners for relocation costs.  On March 28, 2018 Attorney Biller presented this topic to the Connecticut Association of Public Insurance Adjusters. The following are highlights of his presentation. Brief Summary The URAA or C.G.S.A. …

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Protect Thy Neighbor: Things to Consider When Having Work Done on your Home

It is very important to understand the rights of property owners.  In Connecticut, the general rule is that a property owner is not liable to third parties for the negligence of a general contractor. For example, if you hire a painting service to paint your house and the painter on the job carelessly gets paint …

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