Biller’s Blog on Insurance

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 …

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

There may come a time when a property you own or rent suffers a loss that requires you to make a claim to your property insurance company. Typically, insureds reach out first to their insurance company and expect help from the company. This is unfortunately not always the best case scenario and there are times …

When to Contact a Lawyer About Your Property Loss Claim Read More »

A major insurance concern for business owners has been brought to the surface by the pandemic facing our country. Many small business owners are receiving little to no help from their business insurance carriers despite being severely impacted by shutdowns and lockdowns, which have caused significant and overwhelming business losses. There is potential future help …

Pandemic Business Insurance Read More »

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 …

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

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 …

Liability Resulting from Text Messaging Read More »

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 …

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

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 …

Appraisal Award Vacated Due to its Untimely Rendering Read More »

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 …

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

The Connecticut Supreme Court recently ruled that an insurance policy form, which had been reviewed by this Court in the past and which potentially provided coverage for crumbling foundations, requires the policyholders’ home to have actually collapsed or be in imminent danger of collapsing in order to provide coverage. This strict standard has effectively taken …

Connecticut Supreme Court Ruling Limits Coverage for Policyholders with Crumbling Foundations Read More »

Co-authored by: Cileena Terra A recent decision in Connecticut confirmed that substantial changes in property coverage policies are considered a “non-renewal” that requires insurers to give insureds 60 days’ notice. That Court found that the property and casualty insurers’ advance notice requirement for non-renewal of a policy applies to renewals conditioned on acceptance of substantial …

Insurance Companies Are Required to Give Notice When there is a Substantial Change of Coverage in a Homeowners Insurance Policy Read More »