New U.S. Court of Appeals Case Strikes Blow to Matching Claims

In 2014, SJJ won a landmark case before the Minnesota Supreme Court that required American Family Mutual Insurance Company ("American Family") to pay to repair property damage with reasonably matching building products. That case, Cedar Bluff Townhome Condominium Ass'n, Inc. v. American Family Mut. Ins. Co., 857 N.W.2d 290 (Minn. 2014), has been under constant attack by American Family and the insurance industry ever since.


One of the primary timing limitations found in a property insurance policy is the time limit for suit. Most residential property insurance policies in Minnesota have a time limit of only two (2) years from the date of loss. The 2-year time limit is both statutory and contract based. If a claim isn't settled and a policyholder fails to file a lawsuit (note the deadline is to file a lawsuit, not just make a claim) within that time period, the claim will likely be barred.

Signs of serious roof damage

Worried about roof damage after a major storm? Maybe your building got lashed with wind-driven rain for hours on end. Maybe hail tore into the shingles and then it started raining on top of everything else. Maybe it was the wind alone, ripping off shingles and causing damage that gives water a way to get in.

Hail damage on pace to hit all-time high in 2019

According to insurance experts, 2019 is shaping up to be the worst year on record for hail damage in the United States. As of mid-April, there have already been 664 hailstorms reported, which is more than were reported in all of 2018. In addition, April, May and June are typically when most hailstorms occur, so this year's total will almost certainly increase.

Colorado Bad Faith Claims

Under Colorado common law, insurance companies owe a duty of good faith and fair dealing to their insureds. When an insurer acts in bad faith, it breaches this implied duty of good faith and fair dealing and a claimant can take legal action against it. To succeed, a claimant must prove that the insurance company unreasonably delayed and/or denied payment of a claim and did so with knowledge or reckless disregard that its actions were unreasonable.

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