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Property Insurance Claims and the Broad Evidence Rule: Negotiating and Litigating the Amount of Indemnity

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, February 11, 2025 (in 12 days)

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, January 31, 2025

or call 1-800-926-7926

This CLE webinar will offer insurer or policyholder counsel guidance on negotiating and litigating the value of property losses using the broad evidence rule.

Description

Property insurance policies normally provide for the payment of replacement cost value (RCV) or the actual cash value (ACV) of the insured property. RCV is usually defined in the policy. If the policy stipulates that the loss will be the ACV, on the other hand, the policy often does not define ACV, for several reasons. ACV can be (1) the fair market value, (2) replacement costs minus depreciation, or (3) the most prevalent method, the broad evidence rule.

Although it is the majority rule for determining ACV, no clear definition of the broad evidence rule exists other than the general principle that everything that contributes to the value of the property should be considered. All the factors that would be considered in any other methodology are fair game plus a virtually never-ending list of others. One of the most disputed issues is whether an insured's plans to dispose of the property at the time of loss should be considered.

Listen as this panel of insurance practitioners offers clarity to this complicated and often litigated issue of value property losses and how to successfully navigate the broad evidence rule.

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Outline

  1. ACV vs. RCV coverage defined and distinguished
  2. Historical development of broad evidence rule
  3. Completing the proof of loss
  4. Factors considered
  5. Discovery best practices
  6. Selection and use of experts
  7. Effect of co-insurance or endorsements
  8. Total and partial losses

Benefits

The panel will review these and other important issues:

  • Whether specialized maintenance or upgrades done by the insured should be taken into account
  • What deductions should be made in recovery for the fact that the insured may be getting new for old (a new or improved property)?
  • Why has the broad evidence rule become the prevailing approach?

Faculty

Boone, Richard
Richard W. Boone, Jr.

Partner
Wilson Elser

Mr. Boone focuses his practice on a wide range of corporate, executive and professional liability matters as both...  |  Read More

Cheng, Eric
Eric G. Cheng

Partner
Wilson Elser

Ms. Cheng is well versed in the area of design professionals liability claims. Educated as an architect, he has advised...  |  Read More

Mumford Myers, Megan
Megan Mumford Myers

Attorney
Covington & Burling

Ms. Mumford Myers represents corporate policyholders in complex, high-stakes insurance coverage disputes and...  |  Read More

Attend on February 11

Early Discount (through 01/31/25)

Cannot Attend February 11?

Early Discount (through 01/31/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video