The Meaning Of The Word "Reside" According to New York's Highest Appellate Court

 

 

  We often discuss the fact that in property insurance coverage cases, the policy is our road map. Also, how important the words and their meanings are in policies. Interpretations and facts are the deciding factors in coverage cases. A simple word like “reside,” may seem clear and be understood by most people. When you ask people on the street how they define the term, you may receive several different responses. When the facts of a case are applied to insurance policy coverage cases, coverage can hinge upon the words used in the policy and whether they are clearly used or defined. Consider a recent case from a New York Appellate Court.

 In Hawaii, an Insurer's Liability Can Extend to Intentional Infliction of Emotional Distress With "Outrageous" Claims Handling

   For many individuals who suffer a property loss, the most stressful time is the adjustment period with their own insurance or the insurance of the party that caused the loss. Often, during the adjustment people need money for temporary housing or have lost all their personal possessions and are trying to rebuild their lives or businesses. The Hawaii Supreme Court recognized the rights of a third-party claimant to bring an intentional infliction of emotional distress (IIED) cause of action when an insurer’s outrageous behavior causes harm. This case leaves the door open to a potential IIED cause of action in first party matters.

Insurance Policy Conditions (a/k/a/ Land Mines):  Document Requests

 

I attended an excellent conference earlier this week primarily consisting of high-caliber public adjusters and high-caliber policyholder attorneys. Not surprisingly, the presentations were superb. During a couple of the presentations, different seasoned attorneys commented along these lines: “just give the insurance companies what they request.” I generally agree. There is generally no need to nitpick with an insurance company, and I assure you insurance companies, their adjusters, and their legal counsel do not mind your nitpicking. First, nitpicking during claim adjustment serves as a nice basis for an insurer to delay claim payment.