In Pennsylvania, there is a 4 year statute of limitations on a breach of contract claim and a 2 year statute of limitations for a bad faith claim. It is important to point out that most property damage insurance policies sold in Pennsylvania contain a suit limitation provision, that limits the amount of time a
Category: Property Damage
Does a Homeowner or Business Owner Need to Comply With The Property Damage Insurance Company’s Request for EUO and What Happens if They Refuse to Appear For The EUO?
An EUO is under a property damage insurance policy is known as a condition precedent. Under Pennsylvania law, a condition precedent simply means that a policyholder must comply with the terms in order to obtain coverage for the loss. It is important to point out that if a policyholder refuses to comply with any condition
WHAT ARE EXAMINATION UNDER OATH, DECLARATION PAGES, EXCLUSION AND BAD FAITH?
What is a Statement Under Oath or Examination Under Oath? Almost every insurance policy requires an insured to appear for an Statement or Examination Under Oath (“EUO”) upon request as one of the duties of the insured post-loss. The EUO is a formal proceeding conducted by an attorney hired by the policyholder’s insurance company in
WHAT SHOULD YOU DO IF YOU HAVE PROPERTY DAMAGE TO YOUR HOME OR BUSINESS?
1. Immediately report the property damage to your insurance company. Under most insurance policies, an insurance company will provide emergency services if your home has sustained damage that requires immediate attention, such as water damage, wind damage or fire and smoke damage. If you do not immediately report the property damages to your insurance company,
PENNYSLVANIA PROPERTY DAMAGE CLAIMS HANDLING: IMPROPER INVESTIGATION OF PROPERTY DAMAGE CLAIM GIVES RISE TO UTPCPL ACTION
A recent Pennsylvania judicial opinion has expanded a Pennsylvania a seven year old decision by a Pennsyvlania federal court to codify a policyholder’s right of recovery under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (“UTCPL”)
PENNSYLVANIA INSURANCE CLAIMS HANDLING: INTERPRETING THE APPRAISAL PROVISION CONTAINED IN A TYPICAL PENNSYLVANIA HOMEOWNER’S INSURANCE POLICY TO AVOID BAD FAITH
An appraisal provision of some sort is contained in most Pennsylvania homeowner’s insurance policies and allows for either the homeowner or the insurance company to demand appraisal if the two parties cannot agree on the amount of the loss to the home after a storm or similar covered event. The majority of disagreements between whether