SLABBED reviews of a brief filed in Katrina litigation are written to tell the story of the disputed claim as it makes it way through the litigation process. Although the full brief is always linked to the post, citations are often omitted in the story as they interrupt the flow and add to the length.
However, in today’s SLABBED Daily, citations are the story and we have Chip Merlin to thank for posting the information on his Property Insurance Coverage Law Blog: Flood Insurance Waivers Concerning Proof of Loss are Subject to Judicial Review: A Recent Flood Case that Makes Sense and If Insurers Fail to Timely Pay Actual Cash Value Benefits, Policyholders Should Demand Full Replacement Cost Benefits Even if Replacement Has Not Occurred.
Slabbed recently posted We will not now allow defendant to raise as a defense plaintiff’s failure to perform an act which defendant itself greatly hindered plaintiff from performing…,a portion of another recent Merlin post that pointed out:
…courts have found a duty on the insurer to reimburse the insured before rebuilding takes place when…the insured does not have the means to rebuild the facility without insurance proceeds.(emphasis added)
- Celebrate Windsor, Inc., d/b/a Summerwind Performing Arts Center, vs Harleysville Worcester Ins. Co., No. 3:05cv282, 2006 WL 1169816 (D.Conn. May 2, 2006)
Although Chip is a busy attorney who somehow finds time to write for his firm’s blog, he is also a reader of SLABBED who took note of what was written and responded with additional citations: Continue reading “SLABBED Daily – August 23 (Citations of significant interest)”