Biller, Sachs & Robert

Connecticut Supreme Court Grants Plaintiff’s Application for Appraisal

Attorneys Jon D. Biller and Brianna Robert successfully argued for another policyholder whose demand for appraisal of its property damage loss was refused by the insurance company. The insurance company claimed that it did not have to proceed to appraisal because it had raised coverage issues which it claimed had to be adjudicated first. Judge …

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Biller, Sachs & Robert Again Sets Legal Precedent at the Connecticut Supreme Court

On Tuesday, January 11, 2022, Justice McDonald of the Connecticut Supreme Court authored a unanimous decision establishing new precedent benefitting policyholders. In Karl Klass v. Liberty Mutual Insurance Company, (SC 20451), the Connecticut Supreme Court upheld the trial court’s decision requiring Liberty Mutual to participate in an appraisal proceeding where Liberty Mutual refused to participate …

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Is There Business Interruption Coverage For Damages Caused By The Corona Virus (COVID-19)?

The outbreak of the coronavirus (COVID-19) has stopped or stalled thousands of American business in its wake. The economic results of the pandemic are only starting to be realized, and the National State of Emergency and related shuttering of many businesses will only add fuel to this fire. As a result, many businesses are looking …

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Xactimate, who owns it and who are you actually dealing with when the insurance company relies on an Xactimate estimate?

Xactimate is a program created by Xactware and it used by insurance companies to estimate property damage claims that many believe are biased against the insureds in favor of the insurance company. Today 22 of the top 25 property insurance companies in the U.S. use Xactware property insurance claims tools. Xactware is a subsidiary of …

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When Does an Excluded Loss End and a Covered “Resulting Loss” Begin

When an excluded loss ends and when a covered “resulting loss” begins was the subject of a recent decision in, EMS USA, Inc. v. Travelers Lloyds Ins. Co., 54509 (S.D. Tex. Feb. 28, 2018). This case involved a builder’s risk policy that covered a natural gas pipeline construction job in Texas. The insured, pipeline contractor, …

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