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

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 substantial changes in coverage. While …

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