Does Actual Cash Value equal replacement cost less depreciation? Don’t be so sure. A recent NY court case held that the insurer could not deduct depreciation when calculating the actual cash value of a partial loss1. The valuation provision in the policy read as follows: 9. Valuation We will determine the value of Covered Property […]
In a proceeding pursuant to CPLR article 75, inter alia, to permanently stay arbitration of a claim for underinsured motorist benefits, the petitioner appeals from an order of the Supreme Court, Putnam County (Nicolai, J.), dated November 15, 2010, which, after a framedissue hearing, denied that branch of the petition which was to permanently stay […]
Dog bites have become a major insurance issue. The American Association of Insurance Services (AAIS) has just announced that it will be filing an exclusion for use with its homeowners and personal umbrella forms that will eliminate BI and PD liability coverage for claims arising from direct physical contact with any (emphasis added) canine. According […]
Allegany Co-op Insurance sent its insured, Michael Stoppani, a letter demanding a proof of loss in connection with fire damage he had reported. The letter was sent by both regular and certified mail. Michael received the certified mail letter on March 9th, 2009. He submitted the proof of loss on May 8th, 2009, which is […]
What Happens When Plaintiff Sues Your Insured By Serving the NY Secretary of State And the Summons Never Reaches Your Insured? When your insured incorporated or formed an LLC, it agreed to permit claimants to serve notice of suit on the Secretary of State instead of serving the insured. Upon receiving service, the Secretary of […]
In 1976, thieves stole Helen Thompson’s portrait of her Colonial ancestors, John Apthorp and his two daughters, painted by Angelica Kauffmann, a founding member of the British Royal Academy. In March 2007, the painting was recovered when an art dealer saw it listed in the Art Loss Register.1 The total value of the property stolen […]
ERISA fidelity bonds and fiduciary liability coverage for the fiduciaries of an ERISA plans are often confused. Both are important, but they serve different purposes. A quick take on the difference: the ERISA fidelity bond covers embezzlement from an employee benefit plan; fiduciary liability protects the fiduciaries for claims alleging mismanagement of the plan, but […]
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