CM Report on Property Insurance (2010v1)
2010 Volume 1
Focus on Potential Pitfalls
A summary of recent developments in property insurance law regarding substantive issues on litigation, featuring analysis and commentary on special points of interest.
Articles in this report
Federal Court Precludes Testimony Of Engineer Who Does Not Hold A Professional License From The State Where The Federal Court Is Located
The United States District Court for the Southern District of Mississippi recently considered the effect of Federal Rule of Evidence 601 on the Mississippi state statute which requires that engineers working in the State of Mississippi - even for the limited purpose of testifying at trial - be licensed by the state.
In Rockford Mutual Insurance Co. v. Pirtle, the Indiana Court of Appeals in a case of first impression held that a property policy provision requiring the policyholder to repair or replace building damage before receiving replacement cost coverage can be excused by actions of the insurer.
Supreme Court Of Oregon Holds That Two Telephone Conversations Constitute Proof Of Loss
On December 24, 2009, in Parks v. Farmers Insurance Company of Oregon, the Supreme Court of Oregon, sitting en banc, held that two telephone conversations between the policyholders and an agent of the insurer, separated by more than one month, constituted a proof of loss sufficient to award the policyholders attorneys' fees.
