Insurance Online : Expert Excluded After Never Viewing Damaged Property

   Plaintiff's expert was excluded for never having seen the property. Wehman v. State Farm Fire and Casualty Co., 2015 U.S. Dist. LEXIS 117445 (D. N.J. Sept. 3, 2015).    Plaintiff's home was damaged by Superstorm Sandy on October 29, 2012. He reported his loss to State Farm on Octorber 25, 2013, claiming that some roof shingles had come loose during the storm. No other damage was reported. An investigator for State Farm visited the property. The investigator determined that the damage to the roof was not caused by Sandy, but by age, wear and tear, all of which were excluded causes under the policy. Plaintiff informed the investigator there was no damage to the interior of the home and denied the investigator's request to enter the house to inspect.    Plaintiff then sued State Farm for breach of contract and bad faith. Plaintiff designated Timothy Fife of Gulf Coast Estimating Services as his expert in the litigation. Fife's estimate of damages consisted of twelve pages of allegedly required repairs for both the interior and exterior of Plaintiff's property totaling $86,351.01. Fife never visited the property to inspect and never spoke with Plaintiff regarding the condition of the property prior to Sandy or the damage allegedly caused by Sandy. Instead, Fife relied upon an inspection conducted by someone else.    State Farm moved to strike Mr. Fife's estimate and opinions. State Farm argued that Fife's estimate was unreliable because it was prepared without any knowledge of the condition of the property prior to Sandy or the weather conditions to which the property was subjected during Sandy. Further, Mr. Fife failed to distinguish between damage caused by Sandy and preexisting damage to the property.     Plaintiff contended that Mr. Fife employed someone to photograph the home, reviewed the photographs, and entered his calculations into an industry-accepted computer program to generate an estimate. The court excluded the Fife estimate because Plaintiff failed to prove it should be permitted under FRE 702 and Daubert.    Mr. Fife did not explain what let him to conclude that the damage to Plaintiff's property resulted from conditions that occurred during Sandy rather than from other sources of damage, such as wear and tear and deterioration. Without inspecting Plaintiff's property, Mr. Fife's conclusion that the listed damage to Plaintiff's property was caused by Sandy was speculative and offered little more than the mere possibiltiiy that Sandy caused damage to Plaintiff's property. 

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Insurance Online : Where are they now? 5 Famously Scary Homes from Horror Movies

If you thought a leaky roof or a burst water pipe was your worst nightmare, just imagine living in one of these famously haunted houses. Fortunately, most of the supernatural scares that make you double check every corner of your own house at night are just Hollywood magic at work, and the grisly scenes we see on the screen are just skeletons in the closet.

In fact, these houses now look pretty normal – not paranormal. Still, get a modern look at some of the scariest addresses in horror movie history by viewing the slideshow below. (Note: Images will take a moment to load initially.)

1. 707 Meridian Avenue View Larger Map Michael Myers’ house from Halloween isn’t actually home to a maniac killer, but you could still go “under the knife” at this iconic location. Shortly after operating as one of the scariest film sets in slasher film history, 707 Meridian Avenue was repurposed as a Pasadena doctor’s office. Creepy details: The crew was on such a tight budget that they bought the cheapest mask they could find and spray-painted it white. Which famous celebrity is really the face of Michael Myers? William Shatner. 2. 112 Ocean Avenue View Larger Map The charming, three-story waterfront Dutch colonial that infamously hosted a paranormal red-eyed pig-demon and a portal to hell in the movie The Amityville Horror was put up for sale by its private owners last year. While there were some notable drops in asking price, the sellers swear it had nothing to do with haunting spirits or its dark “memories.” Is it cursed? While the truth about the hauntings portrayed in the film is debatable, the house on Ocean Avenue is the real crime scene of the grisly 1974 DeFeo murders, in which 23-year-old Ronald DeFeo Jr. executed his six family members in their sleep. 3. 3600 M St., N.W. View Larger Map In the iconic ending of The Exorcist, Father Karras tumbles to his death down a long, steep stone staircase beneath Regan’s bedroom. Today, these steps are one of the most popular training spots for runners in Washington, D.C. Is it cursed? The production of the “scariest movie of all time” was famously haunted by a number of ominous events, including nine deaths and a set fire of “unknown origin” that delayed the filming of one of the most critical scenes: The discovery of the demon statue. 4. Quick Hill Road, I-35 View Larger Map The creepy Texas farmhouse that served as a bloody slaughterhouse in The Texas Chainsaw Massacre is still serving dinner!  It was reassembled and restored in 1993 as a quaint railroad restaurant in Kingsland, Texas. Don’t worry – the dining experience here is nothing like the one depicted in the film. Creepy details: The inspiration for Leatherface was real-life serial killer Ed Gein. You may recognize another iconic horror villain inspired by this mentally disturbed body snatcher with Mommy issues: Norman Bates. 5. 516 N. Waldren Drive View Larger Map In 1957’s The Undead, “The Witch’s House” was where Diana Love finds herself trapped inside a past life and chained inside a medieval dungeon as she waits to be beheaded as a witch. In 1995’s Clueless, the house reappears in the Beverly Hills backdrop as Cher Horowitz totally bugs out over Ty’s crush on Josh. Is it cursed? Only if you consider being remembered for one of the greatest/worst B-movie horror films of all time a curse. Bonus scary locations: The Palisades Charter School is where Carrie had her blood-stained prom. It was also home to an unsolved murder in 1980. The victim’s name? Kari. If you want to visit the infamous bell tower from Vertigo, you’re out of luck – the original steeple at the Mission San Juan Bautista in California burned down before filming even began. The iconic structures we see in the film were actually created with scale models and trick photography. The Bates Motel in Psycho still stands on the Universal Studios lot (where the film was shot) and is one of the major attractions of the studio tour. The Stanley Hotel (the inspiration for The Shining, which was actually filmed in Oregon) hosts horror fans and unsuspecting guests alike. They even play The Shining on repeat at night – on channel 42. The Dakota Hotel was the set of Rosemary’s Baby and is famously also the location where John Lennon was shot in 1980.

Of course, the current residents of these famous horror homes could always just invest in some paranormal insurance – yes, there really is such a thing. It could come in handy should more creepiness emerge – as long as the owners make it to the claims process.

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Insurance Online : Where are they now? 5 Famously Scary Homes from Horror Movies

If you thought a leaky roof or a burst water pipe was your worst nightmare, just imagine living in one of these famously haunted houses. Fortunately, most of the supernatural scares that make you double check every corner of your own house at night are just Hollywood magic at work, and the grisly scenes we see on the screen are just skeletons in the closet.

In fact, these houses now look pretty normal – not paranormal. Still, get a modern look at some of the scariest addresses in horror movie history by viewing the slideshow below. (Note: Images will take a moment to load initially.)

1. 707 Meridian Avenue View Larger Map Michael Myers’ house from Halloween isn’t actually home to a maniac killer, but you could still go “under the knife” at this iconic location. Shortly after operating as one of the scariest film sets in slasher film history, 707 Meridian Avenue was repurposed as a Pasadena doctor’s office. Creepy details: The crew was on such a tight budget that they bought the cheapest mask they could find and spray-painted it white. Which famous celebrity is really the face of Michael Myers? William Shatner. 2. 112 Ocean Avenue View Larger Map The charming, three-story waterfront Dutch colonial that infamously hosted a paranormal red-eyed pig-demon and a portal to hell in the movie The Amityville Horror was put up for sale by its private owners last year. While there were some notable drops in asking price, the sellers swear it had nothing to do with haunting spirits or its dark “memories.” Is it cursed? While the truth about the hauntings portrayed in the film is debatable, the house on Ocean Avenue is the real crime scene of the grisly 1974 DeFeo murders, in which 23-year-old Ronald DeFeo Jr. executed his six family members in their sleep. 3. 3600 M St., N.W. View Larger Map In the iconic ending of The Exorcist, Father Karras tumbles to his death down a long, steep stone staircase beneath Regan’s bedroom. Today, these steps are one of the most popular training spots for runners in Washington, D.C. Is it cursed? The production of the “scariest movie of all time” was famously haunted by a number of ominous events, including nine deaths and a set fire of “unknown origin” that delayed the filming of one of the most critical scenes: The discovery of the demon statue. 4. Quick Hill Road, I-35 View Larger Map The creepy Texas farmhouse that served as a bloody slaughterhouse in The Texas Chainsaw Massacre is still serving dinner!  It was reassembled and restored in 1993 as a quaint railroad restaurant in Kingsland, Texas. Don’t worry – the dining experience here is nothing like the one depicted in the film. Creepy details: The inspiration for Leatherface was real-life serial killer Ed Gein. You may recognize another iconic horror villain inspired by this mentally disturbed body snatcher with Mommy issues: Norman Bates. 5. 516 N. Waldren Drive View Larger Map In 1957’s The Undead, “The Witch’s House” was where Diana Love finds herself trapped inside a past life and chained inside a medieval dungeon as she waits to be beheaded as a witch. In 1995’s Clueless, the house reappears in the Beverly Hills backdrop as Cher Horowitz totally bugs out over Ty’s crush on Josh. Is it cursed? Only if you consider being remembered for one of the greatest/worst B-movie horror films of all time a curse. Bonus scary locations: The Palisades Charter School is where Carrie had her blood-stained prom. It was also home to an unsolved murder in 1980. The victim’s name? Kari. If you want to visit the infamous bell tower from Vertigo, you’re out of luck – the original steeple at the Mission San Juan Bautista in California burned down before filming even began. The iconic structures we see in the film were actually created with scale models and trick photography. The Bates Motel in Psycho still stands on the Universal Studios lot (where the film was shot) and is one of the major attractions of the studio tour. The Stanley Hotel (the inspiration for The Shining, which was actually filmed in Oregon) hosts horror fans and unsuspecting guests alike. They even play The Shining on repeat at night – on channel 42. The Dakota Hotel was the set of Rosemary’s Baby and is famously also the location where John Lennon was shot in 1980.

Of course, the current residents of these famous horror homes could always just invest in some paranormal insurance – yes, there really is such a thing. It could come in handy should more creepiness emerge – as long as the owners make it to the claims process.

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Insurance Online : Cyber Risk Insurance – Evolving, Complex

Cyber Risk Insurance is a critical coverage for attorneys, and the American Bar Association has a Guide to Cyber Coverage (see here). While the Guide acknowledges the active market for Cyber Risk Insurance, that comprehensive coverage is available, and that coverage changes constantly, the article claims that no one understands the coverage. The article also claims that polices are “too unnecessarily complex for their own good.” We have a different perspective. While cyber exposures are relatively new and changing quickly, and the application of coverage is, in many cases, untested, there are experts in the cyber risk area. And the policies are complex, and for good reason. In some cases they are very comprehensive. Cyber policies cover a wide range...

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Insurance Online : Hawaii Supreme Court Finds Excess Can Sue Primary for Equitable Subrogation

   In responding to a certified question from the U.S. Distric Court, the Hawaii Supreme Court determined that an excess carrier can sue the primary carrier for failure to settle a claim in bad faith within primary limits. St. Paul Fire & Marine Ins. Co. v. Liberty Mut. Ins. Co., 2015 Haw. LEXIS 142 (Haw. June 29, 2015).     St. Paul, the excess carrier, and Liberty Mutual, the primary carrier, issued polices to Pleasant Travel Service, Inc. The primary policy covered up to $1 million.     Pleasant Travel was sued for damages resulting from an accidental death. St. Paul alleged that Liberty Mutual rejected multiple pretrial settlement offers within the $1 million primary policy limit. A trial resulted in a verdict of $4.1 million against Pleasant Travel. The action settled for a confidential amount in excess of the Liberty Mutual policy limit. St. Paul paid the amount in excess.    St. Paul then sued Liberty Mutual, alleging that Liberty Mutual acted in bad faith by rejecting multiple settlement offers within policy limits. Liberty Mutual moved for judgment on the pleadings, arguing St. Paul lacked standing to assert a claim for bad faith and that St. Paul had no claim against Liberty Mutual for equitable subrogation. The result of the motion was a certified question to the Hawaii Supreme Court.    In an opinion by its newest justice, Justice Wilson, the Supreme Court held that St. Paul could bring a cause of action as an excess insurer against Liberty Mutual, the primary insurer, under the doctrine of equitable subrogation. Hawaii had long recognized the doctrine of equitable subrogation as an appropriate remedy when equity so demanded.     Nevertheless, Liberty Mutual argued that St. Paul's claim should be dismissed because St. Paul had not paid a debt or satisfied some liability for which another party was primarily responsible. Liberty Mutual had defended Pleasant Travel against the accidental death claim and paid its policy limits. Accordingly, St. Paul did not pay for Liberty Mutual's liability but discharged its own contractual obligations to Pleasant Travel.    The Court responded by noting that Liberty Mutual, as the primary insurer, had an obligation to Pleasant Travel to pursue settlement. A breach of this duty included an insurer's unreasonable refusal to settle a claim on behalf of the insured.     Liberty Mutual also argued that St. Paul could not subrogate to the rights of Pleasant Travel. Pleasant Travel never faced direct liability for the amount of the verdict in excess of Liberty Mutual's policy limits because any such amount was within St. Paul's liability limit. Equitable subrogation, however, could be applied even without any showing that the insured had suffered any loss. Further, because an insured could recover from a primary insurer that refused reasonable settlement offers, the excess carrier, who discharged the insured's liability, stood in the shoes of the insured and was permitted to assert all claims against the primary carrier which the insured itself could have asserted.     The Hawaii Supreme Court canvassed decisions across the country and noted that the majority of jurisdictions have held that an excess insurer could seek relief from a primary insurer under equitable subrogation.     Finally, the public interest in encouraging reasonable settlement was best served by permitting an excess insurer to seek relief under the doctrine of equitable segregation.     The St. Paul case nicely dovetails a prior decision by the federal district court, Northfield Ins. Co. v. Hoje Constr., et al., CV No. 05-00362SPK/LEK (D. Haw. Nov. 7 2005). There, the insurer sought a declaratory judgment on coverage obligations, but did not join all of the excess carriers, presumably because diversity jurisdiction would be destroyed. The insured moved to dismiss because all insurers were necessary and indispensable parties for deciding coverage obligations. Judge King agreed and granted the motion. St. Paul confirms the Hawaii Supreme Court's approval of the logic in Northfield and provides further ammunition for an insured bringing all carriers into one action to decide coverage obligations at one time.     Thanks to fellow Damon Key blogger Mark Murakami (http://ift.tt/1f6lH6K.) for notice of this case.

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