Damage and Property Insurance - Insurance Industry Brief

CBS 60 Minutes Exposes Alleged Insurance Company Fraud: Adjusters Reveal Altered Hurricane Damage Estimates by Claims Management

Property Insurance Coverage Law

SEPTEMBER 30, 2024

The investigative report featured testimony from whistleblowers who claim that insurance companies deliberately altered hurricane damage reports to underpay homeowners, leaving many Floridians struggling to rebuild their lives in the wake … The post CBS 60 Minutes Exposes Alleged Insurance Company Fraud: Adjusters Reveal Altered Hurricane Damage (..)

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State Farm Wins Worn-Out Plumbing Case: Ensuing Water Damage Not Covered Under State Farm’s Language

Property Insurance Coverage Law

DECEMBER 1, 2024

This post gives State Farm a three-day winning hat trick following State Farm Wins Alabama Worn Out Roof Damage Case: Lesson About Hail Damage Cases, … The post State Farm Wins Worn-Out Plumbing Case: Ensuing Water Damage Not Covered Under State Farm’s Language appeared first on Property Insurance Coverage Law Blog.

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Tornado Damage During Hurricanes: Navigating the Deductible Dilemma

Property Insurance Coverage Law

OCTOBER 15, 2024

This year, a record-tying … The post Tornado Damage During Hurricanes: Navigating the Deductible Dilemma appeared first on Property Insurance Coverage Law Blog. Opinions expressed are solely his own and are not meant to express the views or opinions of the IAUA.

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An Estimated 290 Residences Damaged by Flooding From Lake Dammed by Alaska Glacier

Insurance Journal

AUGUST 14, 2024

Roughly 290 residences in Alaska’s capital city were damaged last week by flooding from a lake dammed by the Mendenhall Glacier, officials said. In addition to the homes and apartment and condo units, at least two businesses were damaged, Deputy …

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CBO Says Mortgage Subsidy Cost from Flood Damage to Hit $395M by 2053

Insurance Journal

JULY 11, 2024

posing greater risks to homeowners and mortgage lenders—and since flood damage tends to lower the market value of affected homes, it’s more likely that homeowners … Climate change is expected to increase the frequency and severity of floods in the U.S.,

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Damage Risk Property Insurance Insurance

Interior Damage Claims and the Exterior Damage Requirement—Where’s the Proof?

Property Insurance Coverage Law

SEPTEMBER 16, 2024

A federal judge ruled last week that policyholders eventually have to “put up or shut up” when it comes to proving that certain interior damages caused by a storm must be the result of damage to the exterior of a building, allowing water to damage the interior of a building.

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Navigating Hurricane Helene and Milton NFIP Claims: Documenting Repairs and Understanding Prior Damage Requirements

Property Insurance Coverage Law

OCTOBER 14, 2024

Following Hurricanes Helene and Milton, many Florida and southeast residents are left grappling with flood damage – some for the second or third time in recent years.

Damage

Damage Claim Policyholder Property Insurance

Want to Win a Hailstorm Damage Lawsuit? Hire The Right Experts and Establish a Theory of Loss Before Filing a Lawsuit

Property Insurance Coverage Law

JANUARY 7, 2025

Insurance companies denying hail damage claims are repeat players in the litigation arena. This post will provide more insight and lessons as a grand finale to Policyholders and Public Adjusters Often Need to Hire Their Own Experts, and Policyholders and Public Adjusters … The post Want to Win a Hailstorm Damage Lawsuit?

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Hurricane/Tropical Storm Debby Should be Manageable for Insurers, Early Data Show

Insurance Journal

AUGUST 9, 2024

Reports from Gallagher Re and the Florida Office of Insurance Regulation suggest that Tropical Storm Debby will not be a heavy lift for property insurers and reinsurers. “Early assessments suggest wind-related physical damage (is) not as extensive as initially feared,” …

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Order and Bind Insurance Before the Loss—Commercial Policy Covers Water Damage Under Drain Backup Endorsement

Property Insurance Coverage Law

SEPTEMBER 3, 2024

On February 5, 2019, Opera Block’s owner, Timothy … The post Order and Bind Insurance Before the Loss—Commercial Policy Covers Water Damage Under Drain Backup Endorsement appeared first on Property Insurance Coverage Law Blog.

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Miss. Supreme Court Orders USAA to Pay $15M in Hurricane Katrina Bad-Faith Claim

Insurance Journal

DECEMBER 8, 2024

When hurricanes hit coastal areas, property insurers often breathe a sigh of relief when much of the damage appears to be the result of storm surge and flooding losses that aren’t covered by most homeowners’ policies. But after Hurricane …

Claim

Claim Damage Property Insurance Policy

State Farm Wins Texas Worn-Out Roof Damage Case: Lesson About Texas Hail Damage Cases, Expert Testimony, and the Very Unique Texas Concurrent Causation Rule

Property Insurance Coverage Law

NOVEMBER 30, 2024

Yesterday’s article, State Farm Wins Alabama Worn Out Roof Damage Case: Lesson About Hail Damage Cases, Expert Testimony, and Investigation Standards, deserves a follow-up about a recent Texas federal court ruling regarding Texas hail damage to roof cases.

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Insurance Company Prevails in Hail Damage Claim Dispute—Policyholders Need to Hire Experts Right Away and Provide Access to Information

Property Insurance Coverage Law

SEPTEMBER 26, 2024

A recent federal court ruling in Missouri highlights the critical importance of admissible expert testimony in property insurance disputes.

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The Regulatory Blind Spot: How Insurance Departments Fail to Detect Systemic Bad Faith Claims Practices

Property Insurance Coverage Law

OCTOBER 2, 2024

Recent investigative reporting by CBS’s 60 Minutes, noted in CBS 60 Minutes Exposes Alleged Insurance Company Fraud: Adjusters Reveal Altered Hurricane Damage Estimates by Claims Management, has exposed alleged widespread underpayments of claims and unethical claims practices in Florida’s property insurance industry.

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Claim Property Insurance Damage Insurance Industry

Construction Financing and Factoring of Insurance Receivables—MMA Related Case Sheds Light on Factors in the Property Insurance Claim Industry

Property Insurance Coverage Law

AUGUST 18, 2024

Property damage insurance claims funding by factoring companies is a relatively recent phenomenon in the property insurance claims industry.

Property Insurance

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Soccer Officials Arrested After Melee That Damaged Hard Rock Stadium in Miami

Insurance Journal

JULY 19, 2024

MIAMI GARDENS, Fla. (AP) AP) — Colombia’s soccer federation president and his son were among 27 people arrested during the crowd control issues that broke out at the Copa America final between Argentina and Colombia, a melee that may have caused …

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What Are Consequential Damages?

Property Insurance Coverage Law

SEPTEMBER 26, 2024

Consequential damages play a significant role in both contract law and insurance claims, but they operate under different frameworks and have distinct implications depending on the context. Consequential damages in contract law are indirect, foreseeable losses that result from a breach of contract.

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When is a Collapse Not a Collapse? The Importance of Proving Damages for Partial Losses

Property Insurance Coverage Law

DECEMBER 17, 2024

The Importance of Proving Damages for Partial Losses appeared first on Property Insurance Coverage Law Blog. Parties can contract to answer that question however they want. Here, Tahini Main Street and … The post When is a Collapse Not a Collapse?

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What to Expect After the Los Angeles Wildfires

Property Insurance Coverage Law

JANUARY 10, 2025

Southern California faced a devastating night as the Palisades and Eaton Canyon wildfires raged out of control, forcing evacuations and leaving widespread damage in their wake.

Property Insurance

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Hurricane Katrina Claim Leads to Significant Punitive Damages Award—Mississippi Recognizes Common Law Obligations of Good Faith

Property Insurance Coverage Law

DECEMBER 7, 2024

The Mississippi Supreme Court has affirmed a $10 million punitive damages award against USAA for its bad faith handling of a Hurricane Katrina claim, sending a clear message about insurers’ obligations to their policyholders.1

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$1.7B in Block Grants Awarded to North Carolina Governments for Helene Recovery

Insurance Journal

JANUARY 10, 2025

billion in federal block grant money to help address historic levels of damage caused by Hurricane Helene in western North Carolina. ASHEVILLE, N.C. (AP) AP) North Carolina governments are receiving over $1.65 The money $1.43 billion for North Carolina …

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Hurricane Helene’s Aftermath: Understanding the FEMA 50% Rule and Its Impact on Victims

Property Insurance Coverage Law

SEPTEMBER 29, 2024

As Hurricane Helene victims begin to assess the damage to their properties, they face not only the immediate challenges of recovery but also potential long-term implications due to federal regulations. One such regulation that could significantly affect rebuilding efforts is FEMA’s 50% Rule.

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Policyholders and Public Adjusters Often Need to Hire Their Own Experts—Part Two

Property Insurance Coverage Law

JANUARY 6, 2025

In yesterdays post, Policyholders and Public Adjusters Often Need to Hire Their Own Experts, the court found that the insurance policy did not provide coverage for the claimed damages for two primary reasons.1

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Court Says Loose Bolt Remedied by Tightening Does not Constitute “Direct Physical Loss of or Damage” to Property

The Property Insurance Law Observer

SEPTEMBER 23, 2024

American Guarantee and Liability Insurance Company , the United States District Court for the District of Massachusetts held that a loose bolt or fitting that could be remedied simply by tightening it did not constitute “direct physical loss of or damage” to equipment covered under an all-risk property insurance policy. [1]

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State Farm Wins Alabama Worn Out Roof Damage Case: Lesson About Hail Damage Cases, Expert Testimony, and Investigation Standards

Property Insurance Coverage Law

NOVEMBER 29, 2024

So, I became intrigued by the company’s tooth-and-nail fight against a customer over an alleged hail-damaged roof that was replaced for only $18,740.

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Are We Valuing Fire Losses Accurately and Keeping Up with the Science of Fire Loss?

Property Insurance Coverage Law

AUGUST 30, 2024

appeared first on Property Insurance Coverage Law Blog.

Property Insurance

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The Façade of Consumer Protection: How Florida’s Political Leadership Continues to Favor Insurance Companies Over Policyholders — Are Florida’s Politicians in Bed with the Insurance Industry?

Property Insurance Coverage Law

OCTOBER 23, 2024

While Jimmy Patronis and Governor DeSantis trumpet their latest emergency rule as consumer protection following the CBS 60 Minutes Expose noted in CBS 60 Minutes Exposes Alleged Insurance Company Fraud: Adjusters Reveal Altered Hurricane Damage Estimates by Claims Management, the reality reveals a different story.

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Report: Climate Risks Increasing Insurance Rates and Hurting CRE Returns

Insurance Journal

OCTOBER 28, 2024

Costly reinsurance, inflation, tough regulations, and increasing weather-related claims are driving up property insurance prices—and in turn, that is impacting commercial real estate returns, valuations, and transactions, a new report shows. The Urban Land Institute and real estate investment management …

Risk

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Lessons For Expert Damage Estimators From Kermith Sonnier’s Back-To-Life Legal Highlight

Property Insurance Coverage Law

OCTOBER 21, 2024

The Fifth Circuit Court of Appeals changed that with an extensive discussion of Kermith’s expert damages testimony and opinions in the case analyzed in yesterday’s post, Church Mutual Prevails in Latest Hurricane Laura Bad Faith Case: Key Differences … The post Lessons For Expert Damage Estimators From Kermith Sonnier’s Back-To-Life Legal Highlight (..)

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The Hidden Health Risks in Fire-Surviving Structures

Property Insurance Coverage Law

DECEMBER 31, 2024

These studies are among the first to investigate air quality within smoke and ash-damaged homes and assess the health effects on occupants. … The post The Hidden Health Risks in Fire-Surviving Structures appeared first on Property Insurance Coverage Law Blog.

Risk

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Hurricanes Get the Headlines But Inland Flooding Tops the Disaster List

Insurance Journal

JULY 24, 2024

In July 2022, at least 40 people died and 300 homes were damaged when the eastern Kentucky county flooded. Floyd County keeps flooding and the federal government keeps coming to the rescue. It was the 13th time in 12 years …

Damage

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Man Charged With Arson in Colorado Wildfire That Destroyed 29 Homes

Insurance Journal

SEPTEMBER 15, 2024

A Colorado man was charged with arson after an investigation into a wildfire this summer that destroyed 29 homes and caused more than $30 million in property damage, authorities said. Jason Alexander Hobby, 49, was arrested last week, Larimer County …

Property Damage

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Helene-Caused IV Fluid Shortage to Affect Surgeries for Weeks

Insurance Journal

OCTOBER 30, 2024

Surgery schedules around the country may be washed out for several more weeks while a crucial IV and sterile fluids factory remains shut down for hurricane-related damage. People often plan non-emergency surgeries in the fall and early-winter months when their …

Damage

Damage Business Interruption Property Insurance Claim

The “Cannot Miss” 2025 Hailstorm Education Is at the Windstorm Insurance Conference in Dallas

Property Insurance Coverage Law

JANUARY 8, 2025

noted one presentation on the agenda: Everything is Bigger in Texas, but Was the Hail Damaging and When … The post The Cannot Miss 2025 Hailstorm Education Is at the Windstorm Insurance Conference in Dallas appeared first on Property Insurance Coverage Law Blog.

Property Insurance

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Florida CFO Bars Insurers From Altering Adjusters’ Reports Without Explanation

Insurance Journal

OCTOBER 9, 2024

Almost two years after a group of independent claims adjusters alleged that insurers had deceptively altered their damage estimates and low-balled policyholders, Florida’s chief financial officer has issued an emergency rule barring similar actions in Hurricane Milton claims. “Any move …

Policyholder

Policyholder Claim Damage Insured

A Surprising Twist and Swirl in High-End Fire and Smoke Case: Alabama Court Allows Tort of Outrage Claim Against Chubb While Dismissing Bad Faith

Property Insurance Coverage Law

NOVEMBER 25, 2024

Pacific Indemnity Company, a Chubb subsidiary known for insuring high-end properties and affluent clients, recently secured a partial litigation victory in a property insurance dispute involving a newly constructed luxury home in Alabama.

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Policyholders Win a Covid Case! North Carolina Supreme Court Rules Government Closure Order Can Result In “Direct Physical Damage”

Property Insurance Coverage Law

DECEMBER 15, 2024

North Carolina Supreme Court Rules Government Closure Order Can Result In Direct Physical Damage appeared first on Property Insurance Coverage Law Blog. The court noted its conclusion early in the opinion: Because a reasonable policyholder in the restaurants shoes … The post Policyholders Win a Covid Case!

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Policyholder Damage Property Insurance Insurance Industry

Civil Remedy Notices – What Are They and What Do They Require?

Property Insurance Coverage Law

AUGUST 4, 2024

Insurance policies protect you from the cost of replacing lost, damaged, or stolen items: or at least, that’s how they’re supposed to work. But what happens if your insurance company refuses to pay what you are owed? appeared first on Property Insurance Coverage Law Blog.

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Hurricanes Get the Headlines But Inland Flooding Tops the Disaster List

Insurance Journal

JULY 24, 2024

In July 2022, at least 40 people died and 300 homes were damaged when the eastern Kentucky county flooded. Floyd County keeps flooding and the federal government keeps coming to the rescue. It was the 13th time in 12 years …

Damage

Damage Property Insurance Insurer Insured

Heritage Insurance Under Scrutiny: Analyzing the CBS 60 Minutes Exposé and Questions of Internal Controls

Property Insurance Coverage Law

OCTOBER 1, 2024

You can read about the story from my post, CBS 60 Minutes Exposes Alleged Insurance Company Fraud: Adjusters Reveal Altered Hurricane Damage Estimates … The post Heritage Insurance Under Scrutiny: Analyzing the CBS 60 Minutes Exposé and Questions of Internal Controls appeared first on Property Insurance Coverage Law Blog.

Property Insurance

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Valuables Insurance Coverage: Art Insurance Fire Claim Headed to Trial

Property Insurance Coverage Law

AUGUST 14, 2024

One of the more complex damage issues that must be addressed in all fire, smoke, and heat claims is the amount of damage to personal property in areas of a structure far away from the main fire.

Claim

Claim Personal Property Damage Insured

Florida’s Heritage Insurance Reports 5,400 Claims, $57M in Cat Losses From Milton

Insurance Journal

OCTOBER 23, 2024

More loss and claims estimates are trickling in from carriers after Hurricane Milton caused widespread wind and flood damage in Florida this month. Tampa-based Heritage Insurance Holdings said in a preliminary statement that about two weeks after Milton made landfall …

Claim

Claim Damage Insured Insurer

Timely Payment of an Appraisal Award Does Not Mean the Claim Was Handled in Good Faith

Property Insurance Coverage Law

SEPTEMBER 23, 2024

A federal court in Louisiana recently denied most of an insurer’s motion for summary judgment in a bad faith case arising from a disputed winter storm damage claim.

Claim

Claim Property Insurance Damage Insured

Are Many Restoration Contracts Unenforceable Because They Lack a Specific Price and Scope of Work?

Property Insurance Coverage Law

AUGUST 22, 2024

Many of the damages are hidden, and the party whom everybody is counting on to finance the repair, the insurance company, is often not in a position to approve or promise any reconstruction project … The post Are Many Restoration Contracts Unenforceable Because They Lack a Specific Price and Scope of Work?

Property Insurance

Property Insurance Damage Insurance Companies Building

CBS 60 Minutes Exposes Alleged Insurance Company Fraud: Adjusters Reveal Altered Hurricane Damage Estimates by Claims Management

State Farm Wins Worn-Out Plumbing Case: Ensuing Water Damage Not Covered Under State Farm’s Language

Trending Sources

Tornado Damage During Hurricanes: Navigating the Deductible Dilemma

An Estimated 290 Residences Damaged by Flooding From Lake Dammed by Alaska Glacier

CBO Says Mortgage Subsidy Cost from Flood Damage to Hit $395M by 2053

Interior Damage Claims and the Exterior Damage Requirement—Where’s the Proof?

Navigating Hurricane Helene and Milton NFIP Claims: Documenting Repairs and Understanding Prior Damage Requirements

Want to Win a Hailstorm Damage Lawsuit? Hire The Right Experts and Establish a Theory of Loss Before Filing a Lawsuit

Hurricane/Tropical Storm Debby Should be Manageable for Insurers, Early Data Show

Order and Bind Insurance Before the Loss—Commercial Policy Covers Water Damage Under Drain Backup Endorsement

Miss. Supreme Court Orders USAA to Pay $15M in Hurricane Katrina Bad-Faith Claim

State Farm Wins Texas Worn-Out Roof Damage Case: Lesson About Texas Hail Damage Cases, Expert Testimony, and the Very Unique Texas Concurrent Causation Rule

Insurance Company Prevails in Hail Damage Claim Dispute—Policyholders Need to Hire Experts Right Away and Provide Access to Information

The Regulatory Blind Spot: How Insurance Departments Fail to Detect Systemic Bad Faith Claims Practices

Construction Financing and Factoring of Insurance Receivables—MMA Related Case Sheds Light on Factors in the Property Insurance Claim Industry

Soccer Officials Arrested After Melee That Damaged Hard Rock Stadium in Miami

What Are Consequential Damages?

When is a Collapse Not a Collapse? The Importance of Proving Damages for Partial Losses

What to Expect After the Los Angeles Wildfires

Hurricane Katrina Claim Leads to Significant Punitive Damages Award—Mississippi Recognizes Common Law Obligations of Good Faith

$1.7B in Block Grants Awarded to North Carolina Governments for Helene Recovery

Hurricane Helene’s Aftermath: Understanding the FEMA 50% Rule and Its Impact on Victims

Policyholders and Public Adjusters Often Need to Hire Their Own Experts—Part Two

Court Says Loose Bolt Remedied by Tightening Does not Constitute “Direct Physical Loss of or Damage” to Property

State Farm Wins Alabama Worn Out Roof Damage Case: Lesson About Hail Damage Cases, Expert Testimony, and Investigation Standards

Are We Valuing Fire Losses Accurately and Keeping Up with the Science of Fire Loss?

The Façade of Consumer Protection: How Florida’s Political Leadership Continues to Favor Insurance Companies Over Policyholders — Are Florida’s Politicians in Bed with the Insurance Industry?

Report: Climate Risks Increasing Insurance Rates and Hurting CRE Returns

Lessons For Expert Damage Estimators From Kermith Sonnier’s Back-To-Life Legal Highlight

The Hidden Health Risks in Fire-Surviving Structures

Hurricanes Get the Headlines But Inland Flooding Tops the Disaster List

Man Charged With Arson in Colorado Wildfire That Destroyed 29 Homes

Helene-Caused IV Fluid Shortage to Affect Surgeries for Weeks

The “Cannot Miss” 2025 Hailstorm Education Is at the Windstorm Insurance Conference in Dallas

Florida CFO Bars Insurers From Altering Adjusters’ Reports Without Explanation

A Surprising Twist and Swirl in High-End Fire and Smoke Case: Alabama Court Allows Tort of Outrage Claim Against Chubb While Dismissing Bad Faith

Policyholders Win a Covid Case! North Carolina Supreme Court Rules Government Closure Order Can Result In “Direct Physical Damage”

Civil Remedy Notices – What Are They and What Do They Require?

Hurricanes Get the Headlines But Inland Flooding Tops the Disaster List

Heritage Insurance Under Scrutiny: Analyzing the CBS 60 Minutes Exposé and Questions of Internal Controls

Valuables Insurance Coverage: Art Insurance Fire Claim Headed to Trial

Florida’s Heritage Insurance Reports 5,400 Claims, $57M in Cat Losses From Milton

Timely Payment of an Appraisal Award Does Not Mean the Claim Was Handled in Good Faith

Are Many Restoration Contracts Unenforceable Because They Lack a Specific Price and Scope of Work?

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