Articles by William Rabb

Builders Say Exclusions Make Contractor Coverage Elusive. Appeals Court Disagrees

A federal appeals court decision handed down last week is a victory for a Liberty Mutual surplus carrier, but it highlights what one attorney said is a widespread problem in the construction industry: an alleged “bait and switch” by insurers …

With Unrevealed Previous Injury, Later Claim Cannot be Denied, Georgia Court Says

Defending workers’ compensation claims from employees who have not disclosed previous injuries may have just become a little more complicated for employers and insurance carriers in Georgia. The Georgia Court of Appeals last week found that a long-standing defense against …

Florida Wants More Claims Data, Warns Insurers About Concurrent Causation Denials

As consumer complaints have apparently mounted over unpaid hurricane losses, Florida’s top insurance regulator and some lawmakers are signaling new scrutiny on insurance carriers’ claims-handling and other practices. Florida Insurance Commissioner Michael Yaworsky late last week posted a memo, demanding …

Is a Binder Binding? Yes, Says Alabama Supreme Court in Win for Arbitration Clauses

Is a binder binding, even if the property owner never received the insurance policy? Yes, it is, the Alabama Supreme Court decided last week in a case that marks another win for insurers relying on binding arbitration agreements. When Francine …

Does 15-Year Roof Age Rule Discourage More Wind-Resistant Products?

After Hurricane Milton swept through parts of southwestern Florida in October, aerial drone images showed condominium buildings with large sections of their roof membranes peeled back like blankets on a beach, exposing the buildings to water intrusion. Builders and commercial …

Growing Concerns About Wildfires in Carolina Thanks to Kindling Left by Helene

As southern California continues to suffer from wildfires, officials in another part of the country fear their area could be next – thanks to tons of dry wood left over from Hurricane Helene’s wind and flooding. “The number one fire …

FEMA Maps Lead to Development in Flood-Risk Areas, University Study Shows

A study by researchers at North Carolina State University supports what some critics of federal flood maps have said for years: That lines drawn on a map give a false sense of security from flooding and have led to increased …

More SE States Pushing Funding, Discounts for Stronger Roofs as Storms Increase

A residual property insurer and regulators in two Southeastern states are emphasizing roof integrity, more signs that mitigation and prevention are increasingly recognized as ways to reduce insured losses as storms escalate in frequency and severity. “The goal is to …

Did Florida Appeals Court Put the Final Nail in the AOB Coffin? Maybe

Almost five years after Florida lawmakers clamped restrictions on assignment-of-benefits agreements and two years after they effectively outlawed AOBs altogether, state appeals courts may have finally put an end to one creative way that had been used in attempts to …

Uber Not Liable: Driver Was Not Logged in at Time of Accident, Florida Court Rules

A Florida man may have been an occasional driver for Uber, the ride-hailing company, but he was not working at the time that he struck and killed his former girlfriend, and Uber is not liable for the wrongful death, a …