This week, Michael Cassel presented at the Windstorm Insurance Network ("WIND") 2021 Virtual Conference. Mr. Cassel, acting as lead presenter, along with Amy Boggs from the Boggs Law Group, Fred Zinober from Zinober Diana & Monteverde, and John Riordan from Kelley Kronenberg, provided an update regarding changes to case law and legislation over the past year. The team will (pandemic permitting) be presenting the topic again at the in-person WIND Conference in Orlando, FL, in May 2021. A copy of their PowerPoint presentation can be found below. Table of Contents
Slide 3: Legislative Changes Slide 6: Concurrent Causation Slide 11: ACV vs. RCV Slide 16: Water Damage Slide 21: Appraisal Slide 41: Change in Policy Terms Slide 44: Fees & Multiplier Slide 56: Premature Suits Slide 61: Declaratory Actions Slide 69: Discovery Slide 78: Sanctions Slide 83: Blasting Slide 86: Summary Judgment Evidence Slide 93: Jurisdiction Slide 96: Burden of Proof Slide 101: Post Loss Conditions Slide 108: Bad Faith Slide 117: Forced Place Policy Slide 120: Consequential Damages Please note that the PowerPoint contains limited information regarding the pertinent holdings in each case as well as the panel's own analyses and deductions regarding same. Each case, statute, and code should be read in full in order to adequately determine their complete legal effects as they pertain to a particular set of facts. Remember, every case is different and coverage varies from policy to policy. If you have any questions about how these issues may relate to your own claim, or you would like to discuss the topics outlined in the PowerPoint slides, please do not hesitate to contact us.
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