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How Much Can You Spend If You Buy a Replacement Home After the Palisades or Eaton Fires?

Given that we are now about 14 months post-loss from the 2025 Palisades and Eaton wildfires, many homeowners are reaching an important decision...

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How Much Can You Spend If You Buy a Replacement Home After the Palisades or Eaton Fires?

Given that we are now about 14 months post-loss from the 2025 Palisades and Eaton wildfires, many homeowners are reaching an important decision...

Wrong Lawyer Waives Key Arguments

There are cases about coverage. There are cases about conditions precedent. And there are cases about lawyers. Crothersville Lighthouse Tabernacle Church v. Church...

New York Ice Dam Insurance

New York is finally headed for some warmer weather after a long, icy winter. Early 2026 brought the city its snowiest season in...

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Wildfires, Frustration, and the Question Everyone Is Asking: What Really Happens Next?

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A year ago, after writing about the devastation left behind by Los Angeles catastrophic wildfires in “Wildfire Devastation—What Next?”, I received a public comment...

Can an Insurer Demand Multiple Proofs of Loss? A Partial Proof May Be Enough

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How many proofs of loss can be demanded was a question at the heart of a federal court decision involving a Louisiana hurricane...

Contractors and Roofers “No Out of Pocket” Promises Are Backfiring

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There are moments when a court opinion stops me cold. Not because it is wrong or that it is something that has never...

Reading Between the Lines of California’s $22.4 Billion Wildfire Claims Announcement

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California’s Department of Insurance recently issued a press release announcing that insurers have paid $22.4 billion to wildfire survivors. 1 On its face,...

Risk Scores, Wildfires, and the Quiet Remaking of Property Insurance

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The start of a new year is a good time to reflect on how quietly, and sometimes invisibly, fundamental systems change. Few forces...

Fortuity Reconsidered: Why an Unwritten Doctrine Still Haunts Property Insurance

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For nearly a century, courts and commentators have treated fortuity as if it were a natural law of insurance rather than what it...

Is a Crack to an Opal a Fortuitous Loss?

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One year following the fortuitous loss case Mellon v. Federal Insurance Company, which I wrote about yesterday in The First Discussion of Fortuity...

First Fortuity Case | Property Insurance Coverage Law Blog

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The modern debates over fortuity in all-risk insurance often feel abstract, as if the concept emerged fully formed from mid-twentieth-century treatises or contemporary...

The Basics of All Risk Insurance and Fortuity

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My recent article, What does “Fortuitous” Mean? Why Is “Fortuity” So Important to Property Insurance? seems like a good time to restate some basic...

What Does “Follow the Form” Mean In Modern Insurance Practice?

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Reading Surplus Lines Property Policies in a Tower of Insurance After Ohio Casualty v. Patterson-UTI Energy Commercial property losses involving surplus lines insurance rarely...

What does “Fortuitous” Mean? Why Is “Fortuity” So Important to Property Insurance?

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Insurance disputes often turn on small words that carry enormous consequences. Few words are as deceptively simple and as consequential as “fortuity.” It...

Happy Holidays from Merlin Law Group

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As the year comes to a close, we want to take a moment to wish our clients, colleagues, and friends a joyful holiday...
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