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Tag Archives: Fire

Insurance – Fire – Tort/Negligence – Bad Faith Refusal to Settle Claim – Unfair Trade Practices – Breach of Contract (access required)

Kielbania v. Indian Harbor Insurance Co. Based on a drawn-out appraisal process that ignored some losses and changed the value of others without explanation, plaintiffs have presented a jury question as to their claims of unfair insurance settlement practices and bad faith refusal to settle a claim.

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Insurance – Fire – Loss Compensation – Motel – Valuation – Appraisal Process (access required)

Patel v. Scottsdale Insurance Co. The parties’ insurance policy gives the defendant-insurer the option of paying either fair market value or replacement value for the plaintiff’s hotel, which was destroyed by fire. However, instead of granting summary judgment for the insurer, the trial court should have stayed this action until the parties completed the appraisal process set out in the policy.

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Insurance – Fire – Application Misrepresentations – Inspection Results – Real Property – Mortgages – First Impression – Bank as Mortgagee & Loss Payee (access required)

Colony Insurance Co. v. Peterson A separate agreement existed between the plaintiff-insurer and the defendant-bank as a mortgagee. Accordingly, even if the insurer may rescind its policy with the property owner (and thus the bank as a loss payee) pursuant to G.S. § 58-3-10 due to material misrepresentations in the insurance application, the bank’s rights as a mortgagee would survive.

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