Showing all results for category “first party property”

Clausen Miller Welcomes  Two New Associates in Illinois and Texas

August 12, 2026 / News

Clausen Miller is excited to welcome two new associates to the firm! Destyni Dickerson joins the Dallas office and Aaron Hunt joins the Chicago office. Welcome!

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Southern District of New York Holds Bad Faith Claims May Lie Against Liability Carriers

June 25, 2026 / News / Writing and Speaking

New York liability carriers may be exposed to allegations of bad faith claims handling. Jacob Zissu analyzes the Southern District of New York’s ruling that bad faith claims are not limited to first-party insurance claims. The court also found that such claims can stand independently from breach of contract when the insurer’s misconduct during the claims process goes beyond the breach itself.

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Texas Supreme Court Rejects Efforts to Avoid Appraisal Through Coverage and Bad-Faith Allegations, Reinforcing Insurers’ Rights in Complex Property Claims

May 22, 2026 / News / Writing and Speaking

Appraise first. Litigate later — if at all. That’s the Texas Supreme Court’s message regarding complex property disputes. Ramy Elmasri analyzes what the ruling means for property insurers facing coverage, causation, engineering and bad-faith challenges to appraisal.

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Dennis Fitzpatrick Re-elected for 13th Term as Clausen Miller President and CEO

December 6, 2025 / News

Clausen Miller is pleased to announce that Dennis Fitzpatrick has been re-elected for a 13th term as President and CEO. The Firm looks forward to another year of amazing achievement under his leadership in 2026.

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Middle District of Florida Case Provides Insight on Daubert and Failure to Submit Proof of Loss

October 22, 2025 / News / Writing and Speaking

Douglas Cohen analyzes a Florida Middle District decision that provided guidance on Daubert motions, an insured’s failure to submit a proof of loss and whether insurers must show prejudice when insureds breach a condition precedent.

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11th Circuit Court of Appeals Holds Plaintiffs Provided Late Notice in First Party Property Breach of Contract Action

April 10, 2025 / News / Writing and Speaking

Kelly Vogt analyzes an Eleventh Circuit Court of Appeals decision that affirmed summary judgment for the insurer in a first party property case, finding that the plaintiffs did not provide prompt notice of a property damage claim stemming from a pipe burst.

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Middle District of Florida Grants Insured’s Motion to Compel Appraisal

February 12, 2025 / News / Writing and Speaking

Zachary D. Sonenblum analyzes a Middle District of Florida decision granting an insured’s motion to compel appraisal for two insured buildings, including one where coverage was denied. The court relied on Merrick Pres. Condo. Ass’n, Inc. v. Cypress Prop. & Cas. Ins. Co. to conclude that appraisal was appropriate since the insurer did not wholly deny coverage under the policy.

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Florida’s Fifth District Court of Appeal Examines Extent and Applicability of Fla. Stat. 627.7152 Governing Assignment of Benefits

February 11, 2025 / News / Writing and Speaking

Douglas Cohen analyzes a Florida 5th DCA decision that found that post-loss insurance benefit assignments fall under Fla. Stat. 627.7152 if they involve securing funds for property repairs—even if the assignee does not directly perform the services. The court emphasized that non-compliance with the statute renders such assignments invalid and unenforceable, leaving the assignee without standing to sue the insurer for breach of contract.

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Shareholder Kelly Vogt to Attend PICG Claims Academy in London

January 27, 2025 / News

Congratulations to Kelly Vogt on being selected to attend the Property Insurance Claims Group (#PICG) Claims Academy in London this May. As one of only 27 delegates chosen, Kelly is honored to participate in this immersive experience, which combines hands-on learning in the London Market, exposure to property claims classroom education and attendance at the PICG Conference. Congratulations to Kelly for being selected to participate in this event!

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Ninth Judicial Circuit (State) Court of Florida, Orange County, Holds That an Insured Failed to Rebut the Presumption of Prejudice That Arose as a Result of Their Failures to Comply With the Policy’s Conditions

December 23, 2024 / News / Writing and Speaking

Douglas Cohen analyzes a Florida Ninth Circuit decision that held Plaintiffs must comply with policy conditions to rebut a presumption of prejudice to the insurer. Plaintiffs filed a claim arising from a water leak in a kitchen cabinet but did not follow policy guidelines for preserving damaged property or sit for a requested examination under oath. This decision underscores the importance of preserving damaged property and adhering to examination requirements under the policy.

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  • Chicago

    Illinois 60606

    225 West Randolph Street

    Suite 700

    Chicago, Illinois 60606

    T: 312.855.1010 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick

  • New York

    New York 10005

    28 Liberty Street 39th Floor

    New York, New York 10005

    T: 212.805.3900 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Carl M. Perri

  • Florham Park

    New Jersey 07932

    100 Campus Drive

    Florham Park, New Jersey 07932

    T: 973.410.4130 TF: 800.826.3505 F: 973.410.4169 Office Managing Partner: Carl M. Perri

  • Irvine

    California 92618

    20 Pacifica

    Suite 440

    Irvine, California 92618

    T: 949.260.3100 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman

  • Michigan City

    Indiana 46360

    200 Commerce Square

    Michigan City, Indiana 46360

    T: 219.262.6106 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Paige M. Neel

  • Milwaukee

    Wisconsin 53202

    1433 North Water Street

    Suite 500

    Milwaukee, Wisconsin 53202

    T: 414.279.5525 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: James M. Weck

  • Greenwich

    Connecticut 06830

    777 West Putnam Avenue

    Suite 300

    Greenwich, Connecticut 06830

    T: 203.989.3889 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Matthew J. Van Dusen

  • Hartford

    Connecticut 06103

    750 Main Street

    Suite 100

    Hartford, Connecticut 06103

    T: 860.756.5520 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Matthew J. Van Dusen

  • Tampa

    Florida 33602

    401 East Jackson Street

    Suite 3300

    Tampa, Florida 33602

    T: 813.519.1001 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Kelly M. Vogt

  • Boca Raton

    Florida 33434

    7777 Glades Road

    Suite 405

    Boca Raton, Florida 33434

    T: 561.765.5305 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Kelly M. Vogt

  • San Francisco

    California 94111

    100 Pine Street

    Suite 1250

    San Francisco, California 94111

    T: 415.287.2744 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman

  • Houston

    Texas 77060

    4 CityNorth

    16945 Northchase Drive, Suite 1400

    Houston, Texas 77060

    T: 346.826.8995 TF: 800.826.3505 F: 346.826.8997 Office Managing Partner: Ramy P. Elmasri

  • Dallas

    Texas 75201

    325 N. Saint Paul Street

    Suite 3100

    Dallas, Texas 75201

    T: 469.942.8635 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Ramy P. Elmasri

  • San Antonio

    Texas 78258

    401 East Sonterra Boulevard

    Suite 375

    San Antonio, Texas 78258

    T: 210.338.6711 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Ramy P. Elmasri

  • Austin

    Texas 78759

    9442 N Capital of Texas Hwy

    Suite 500

    Austin, Texas 78759

    T: 346.826.8995 TF: 800.826.3505 F: 346.826.8997 Office Managing Partner: Ramy P. Elmasri

  • Fort Worth

    Texas 76102

    702 Houston Street

    Fort Worth, Texas 76102

    T: 682.231.9560 TF: 800.826.3505 F: 346.826.8997 Office Managing Partner: Ramy P. Elmasri