Property insurance disputes make headlines when they are catastrophic in nature. Our society wants to see communities, businesses, and individuals rebuilt and insurance provides a great mechanism for risk management and rebuilding. However, for fundamental business and public policy reasons, certain losses are simply not covered by property insurance. When policyholders believe their loss is covered but the insurer disagrees, the parties may ultimately find themselves in litigation.
The third edition of Property Insurance Litigator's Handbook focuses on the fundamentals of how first-party property claims are litigated. The book begins with an overview of property insurance and a discussion of things that occur on a claim before the litigator receives the file. Then, the writers detail the process of drafting complaints, preparing answers and affirmative defenses, propounding discovery, seeking summary dismissal or judgment, and preparing for trial. The book concludes with a discussion of trial strategy and appeal. Throughout, you will find useful checklists and other helpful practice aids. This updated edition features updated tables of authority, checklists, sample forms, letters, pleadings, and discussions.