Biller’s Blog on Insurance

Criteria Appraisers and Courts Should Use When Appointing an Umpire for Property Appraisal

When two parties in a property insurance appraisal are unable to reach an agreement on the amount of loss, each party selects “a competent, disinterested, and impartial appraiser, who has no direct or indirect financial interest in the claim.” 51 Roses Mill LLC as Assignee of Bridge33 Capital v. American Guarantee & Liability Ins. Co., […]

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Interference with the Appraisal Process: What an Insurance Company Cannot Do!

Attorney Brianna K. Robert and Attorney Jon D. Biller obtained a favorable decision for Connecticut policyholders against Liberty Mutual Insurance for its interference in the appraisal process. This decision is significant in that it makes clear insurers cannot interfere with the appraisal process. In Connecticut, when insurance companies issue policies and guidelines for the appraisal

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United States District Judge Kari A. Dooley sides with Biller Sachs & Robert Safeguarding the Rights of Assignees against Insurance Companies

Attorneys Jon Biller and Brianna Kastukevich Robert successfully defeated an insurer’s refusal to honor a post-lost assignment of a property insurance claim. Insurers’ “Anti-Assignment” Clauses are designed to control the rights of policyholders’ insurance proceeds arising out of a loss. A transcript of the Honorable Kari A. Dooley’s decision to grant partial summary judgment in

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Should Depreciation Be Applied to Labor When Adjusting Property Insurance Claims?

Co-authored by: Cileena Y. Terra In almost every property insurance policy the insurance company is entitled to deduct depreciation. There has been a lot of discussion recently concerning whether depreciation should be applied to labor. This article will focus on whether labor costs should be depreciated when adjusting property insurance claims. Every property damage loss

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Liability Resulting from Text Messaging

Recently, the California Supreme Court accepted a certified question from the Ninth Circuit concerning insurance coverage for claims arising under the Telephone Consumer Protection Act (TCPA). The Court will determine whether, under California law, a commercial liability policy that covers personal injury includes coverage for claims that an insured violated TCPA by sending unsolicited text

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Contract Requirements for Remediation and Mitigation Connecticut General Statute 38a-313a

Pursuant to C.G.S. § 38a-313a, any person who contracts to perform repairs, remediation or mitigation work on a home under a personal or commercial risk policy must follow specific guidelines in order to protect the rights of insureds. This statute, which dictates what the contract with the insured should contain, is strictly enforced.   Connecticut

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Appraisal Award Vacated Due to its Untimely Rendering

Attorneys Jon Biller and Michael LeMoult of Biller, Sachs, Zito & LeMoult, successfully argued for another Connecticut policyholder. Recently, Attorneys Jon Biller and Michael LeMoult were successful in overturning an unsatisfactory appraisal award because that the award was not timely rendered. Pursuant to Connecticut General Statute § 52-416(a), an appraisal award must be rendered within

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Summary Judgment Granted for Property Damage Caused by the Leakage of Water

Attorneys Jon Biller and Michael LeMoult successfully argued for another Connecticut policyholder, who suffered property damage, which had been denied by his insurer. A transcript of Hon. Jeffrey A. Meyer’s decision to grant partial summary judgement in favor of the Connecticut policyholder can be read here. Recently, Attorneys Biller and LeMoult secured partial summary judgment

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