Showing all results for category “property insurance”

Clausen Miller Attends 2026 PICG Conference

May 1, 2026 / News

Dennis Fitzpatrick, Kelly Vogt, Sava Alexander Vojcanin and Scot Doyen will be in London to meet clients and attend industry events with representation at the 2026 PICG Conference.

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Appeals Court Weighs ‘Microbe’ Versus ‘Water-borne Material’

December 10, 2025 / News / Writing and Speaking

Don Sampen analyzes a First District Appellate Court decision that found a property insurance policy limit applying to “microbes” resulting from a water backup did not foreclose the application of a higher coverage limit for loss caused by “water-borne material.”

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Mediation as a Condition Precedent to Insurance Litigation

November 14, 2025 / News / Writing and Speaking

Tiffany McAvoy examines a Florida Senate bill that introduces important statutory changes to insurance litigation. Applicable to a wide range of insurance controversies, the bill mandates mediation as a condition precedent to litigation.

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Florida First District Court of Appeal Finds No Breach of Contract for Insurer After Actual Cash Value Payment in Hurricane Sally Damage Dispute

October 13, 2025 / News / Writing and Speaking

Kelly Vogt analyzes a Florida First District Court of Appeal homeowners’ insurance case where a contrary damages estimate was not submitted to the insurer until the eve of the trial. The court affirmed no breach of contract for the insurer.

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Suit Limitations Provision Applies Despite Appraisal Demand

October 7, 2025 / News / Writing and Speaking

Don Sampen analyzes a Northern District of Illinois decision that found a two-year suit limitations provision in a property insurance policy would apply even though a demand for appraisal was pending when the two-year period expired.

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Florida’s Fifth District Court of Appeal Holds Elimination of Entitlement to Attorney’s Fees Under a Property Insurance Policy is not Retroactive

August 29, 2025 / News / Writing and Speaking

Douglas Cohen analyzes a Florida Fifth District Court of Appeal decision clarifying that the elimination of an insured’s right to attorney’s fees in litigation over the denial of benefits under a property insurance policy does not apply retroactively.

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Policy Limitation Period Defeats Insured’s Bid to Save Lawsuit

July 23, 2025 / News / Writing and Speaking

Don Sampen analyzes a 2nd District Appellate Court decision that held an insured’s lawsuit against an insurer was barred by the policy’s one-year suit limitations clause. The court found that equitable tolling did not apply despite the insured filing an earlier suit that was dismissed for improper joinder.

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Homeowner Wins Bid to Have Appraiser Assess Hail Damage

June 17, 2025 / News / Writing and Speaking

Don Sampen analyzes a 2nd District Appellate Court decision that held an appraisal under a property insurance policy may include “some questions of causation” in determining the replacement cost of damaged property.

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Tenant Subject to Only Partial Subrogation Despite Negligence

September 20, 2024 / News / Writing and Speaking

Don Sampen analyzes a First District Appellate Court coverage case holding that an apartment tenant was a partial co-insured on her landlord’s fire insurance policy, and therefore not liable for full subrogation recovery, despite her alleged negligence causing damage to both her own unit and elsewhere in the building.

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Florida Fourth DCA Reverses and Remands Due to Admission of Evidence of Estimated But Not Yet Incurred Repair Costs

July 30, 2024 / News / Writing and Speaking

Kelly Vogt analyzes a Florida Fourth District Court of Appeals opinions reversing the trial court’s decision and remanding for a new trial on the issue of damages after the trial court allowed the insureds to introduce estimated repair costs for work that was never performed.

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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

  • Stamford

    Connecticut 06901

    243 Tresser Boulevard

    17th Floor

    Stamford, Connecticut 06901

    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