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.