In 2014, SJJ won a landmark case before the Minnesota Supreme Court that required American Family Mutual Insurance Company (“American Family”) to pay to repair property damage with reasonably matching building products. That case, Cedar Bluff Townhome Condominium Ass’n, Inc. v. American Family Mut. Ins. Co., 857 N.W.2d 290 (Minn. 2014), has been under constant attack by American Family and…
One of the primary timing limitations found in a property insurance policy is the time limit for suit. Most residential property insurance policies in Minnesota have a time limit of only two (2) years from the date of loss. The 2-year time limit is both statutory and contract based. If a claim isn’t settled and a policyholder fails to file…
Click here to download the checklist (Preventative Maintenance Plan “To Do” List) 2. ___________ Follow the Preventative Maintenance Plan. Retain qualified professionals (contractor, engineer, etc.) to inspect all association-maintained improvements. Best Practice Tip 4: Liability! The board and its management company should not do the inspections. 3. ___________ Review and Act on the Inspection Summaries. After inspections have been conducted,…
Worried about roof damage after a major storm? Maybe your building got lashed with wind-driven rain for hours on end. Maybe hail tore into the shingles and then it started raining on top of everything else. Maybe it was the wind alone, ripping off shingles and causing damage that gives water a way to get in. The importance of a…
Under Colorado common law, insurance companies owe a duty of good faith and fair dealing to their insureds. When an insurer acts in bad faith, it breaches this implied duty of good faith and fair dealing and a claimant can take legal action against it. To succeed, a claimant must prove that the insurance company unreasonably delayed and/or denied payment…
According to insurance experts, 2019 is shaping up to be the worst year on record for hail damage in the United States. As of mid-April, there have already been 664 hailstorms reported, which is more than were reported in all of 2018. In addition, April, May and June are typically when most hailstorms occur, so this year’s total will almost…
When hail strikes in a ferocious storm, it often doesn’t last long. People quickly duck inside to wait it out. When they emerge, though, they may find lasting damage that poses an incredible financial cost. Even a short storm can be absolutely devastating for local property. If you want to see what this impact looks like firsthand, let’s look at…
As a contractor, you probably take great pride in the work you do for your clients. Whether you enjoy bringing a project to fruition or helping others in their time of need, working in the construction field can be fulfilling in numerous ways. However, while contracting on several projects with a wide variety of people, you probably want to do…
When a home is damaged, a homeowner’s first move is often to file a claim with his or her insurance company. In some cases, that claim may be denied even if an individual believes that the damage is covered by the policy. If a claim is denied, it is important to review the terms of the policy carefully to see…
On February 6, 2019, the Iowa Court of Appeals published its decision in 33 Carpenters Construction, Inc., v. The Cincinnati Insurance Company, No. 17-1979, a case involving a post-loss assignment of a property damage claim to the insured’s contractor. The case has important implications for both insureds and contractors performing insurance restoration work with an assignment of benefits (sometimes also…
