What is the timeframe to sue your insurance company if you suffered a property loss?
Co-authored by: Elizabeth Anderson Nearly all insurance policies contain a provision that bars policyholder’s ability to sue their insurer once the contractual clock limitation period has expired. Courts have long grappled with what triggers these limitation periods and the enforceability of such clauses. This article explores and reconciles three different court decisions on this issue […]
Biller, Sachs & Robert Prevails in another Action Claiming Negligent Adjustment of an Insurance Claim
Co-authored by: Luc Shay In September of 2022, in the United States District Court for the District of Connecticut, Judge Victor A. Bolden allowed an insured, represented by Biller, Sachs & Robert, to sue her insurer for negligence after the insurer denied coverage for a property damage claim. Rose v. United Prop. & Cas. Ins. […]
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., […]
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 […]
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 […]
When to Contact a Lawyer About Your Property Loss Claim
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 […]