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Overriding Interest - Winter 2015

What Price Heritage? In April this year English Heritage split into two organisations. English Heritage, now a self funding charity, assumed responsibility for the national collection of over 400 historic properties. The...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending November 13 & 20, 2015

REAL PROPERTY UPDATE - Property Damage/Breach of Contract: insurer failed to prove that it provided insured with notification of its right to mediate at the time insured made his claim pursuant to Florida Statutes,...more

Depreciation of Labor Class Action - Minnesota Supreme Court Oral Argument

I’ve been following closely a series of class actions around the country alleging that, in calculating the “actual cash value” of property damage under a homeowners or commercial property insurance policy, insurance companies...more

Waiving the Right to Appraisal Just Got Easier in Texas

Any Texas lawyer with even a passing interest in insurance law knows that if you want to see sparks fly, just utter the word “appraisal” near a couple of insurance lawyers. If you really want fireworks, make sure one...more

Maximizing Homeowner Insurance Coverage Benefits After a Fire

Before worrying about an insurance claim, first ensure that you and your family, including pets and extended family, have their immediate needs met. When you are ready to begin the recovery process, we have outlined three...more

Maximizing Business Insurance Coverage Benefits After a Fire

If your business has sustained a fire loss, below are steps for you to take in working with your insurers to ensure that you receive the maximum benefits under any applicable insurance policies. Step 1 – Locate Insurance...more

Symptoms of the Texas Progressive Claim Syndrome

Those familiar with the issues faced by insurers in Texas first-party insurance claims, particularly in the realm of hail damage claims, are undoubtedly aware of what has been labeled the "Progressive Claim Syndrome.” In a...more

Colorado Court Conducts a Clinic on Explosions

Earlier this month in Paros Properties v. Colorado Cas. Ins. Co., 2015 WL 5139293, U.S. Dist. LEXIS 116939 (D.Colo., Sep. 2, 2015), a federal court in Colorado addressed what constitutes an explosion. After a mudslide...more

Construction and Engineering Toolkit: Insuring Existing Buildings in Which and Next to Which Construction Work is to Take Place

This construction guide covers: -JCT contracts in real estate development -Minimum energy standards for letting buildings -Construction work adjacent to existing structures -Insuring the existing...more

When Contract Forms Cause Unintended Consequences

Inclusion of unrevised Standard AIA contract forms in your construction agreements can cause serious unintended consequences. A case decided by the Indiana Supreme Court, Bd. of Comm’rs. Cty of Jefferson v. Teton Corp., 30...more

Eighth Circuit: Repairs May Be Compensable as Extra Expense Even if They Don’t Reduce the Business Income Loss

“Read the policy, read the policy, read the policy” is a famous piece of advice for coverage counsel everywhere. Last Friday in Midwest Reg’l Allergy, Asthma, Arthritis & Osteoporosis Center v. Cincinnati Ins. Co., 2015 WL...more

Insurance Recovery Law - July 2015 #3

Two Years, Too Long for Coverage Under Claims-Made-and-Reported Policy - Why it matters: Claims-made-and-reported policies require that the claim be both made against the insured and reported to the insurer within the...more

Who’s the Boss? In Policies Covering Multiple Insureds, the Details Matter

Liability policies for businesses are subject to a number of common exclusions; many, for example, do not cover liability to employees of the business who are injured on the job. Frequently, those policies do provide...more

Perspectives on Insurance Recovery

Welcome to the latest edition of Pillsbury’s Perspectives on Insurance Recovery. As this 2015 edition of Perspectives demonstrates, our team is working on the most challenging issues—from cyber-insurance and complex claims...more

Sixth Circuit: A Michigan Collapse Extension Overrides Exclusions for Cracking and Defective Design

In Joy Tabernacle — The New Testament Church v. State Farm Fire & Cas. Co., 2015 WL 3824733, 2015 U.S. App. LEXIS 10707 (6th Cir., Jun. 22, 2015), a unanimous panel of the federal Court of Appeals recently held that a...more

New Jersey Developer Wins on “Occurrence” and “Property Damage”; Appellate Division finds Subcontractors’ Faulty Construction...

The Superior Court of New Jersey, Appellate Division, has issued a very important decision for real estate developers and general contractors whose insurance companies have reserved rights or denied coverage for damage caused...more

Seventh Circuit Holds Insured Entitled to a New Roof for Purely Cosmetic Hail Damage

The Seventh Circuit is becoming a difficult venue for insurers. In November we reported that the Court of Appeals had held that the phrase “continuous or repeated exposure” in definition of occurrence meant that a continuous...more

Equities Favor Subrogating Insurer Over Subcontractor That Performed Defective Work

In Valley Crest Landscape v. Mission Pools (No. G049060, filed 6/26/15, ord. pub. 7/2/15), a California appeals court held that equities favor an insurer seeking equitable subrogation over a subcontractor that agreed to...more

Texas Supreme Court Rules that CERCLA PRP Letters and Enforcement Proceedings Are “Suits” Subject to the Duty to Defend Under...

On June 26, 2015, the Texas Supreme Court held that enforcement proceedings under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”)—including the issuance of a “PRP letter” notifying...more

Florida Appellate Court Rejects Bid to Curb Insureds’ Assignments to Contractors

Many property insurance policies contain terms that prohibit assignment, but Florida law has long deemed those terms inoperative once a loss has occurred. E.g., W. Fla. Grocery Co. v. Teutonia Fire Ins. Co., 74 Fla. 220...more

New York Court: Undefined Word “Occurrence” in a Deductible Provision Must be Construed by the Finder of Fact

Many property policies expressly define the term “occurrence” to encompass a series of similar and related events. Last month, however, in Rokeach v. Hanover Ins. Co., 2015 WL 2400097, U.S. Dist. LEXIS 6580 (May 19, 2015,...more

Missouri Court Clarifies What Constitutes An Ensuing Loss

Last week in Performance Arts Cmty. Improvement Dist. v. ACE Amer. Ins. Co., 2015 WL 3491292, 2015 U.S. Dist. LEXIS 71592 (W.D. Mo., June 3, 2015), a federal court in Missouri shot down an insured’s arguments that a wall...more

New Jersey State Court Rules Damage Caused by Superstorm Sandy Not Subject to Flood Sublimit

In a decisive victory for policyholders, Judge Thomas Vena of the Essex County Superior Court in New Jersey ruled that significant damages incurred by Public Service Enterprise Group Inc. (“PSEG”) as a result of storm surge...more

Will Insurers Respond To The Texas Floods?

May 2015 was a month of record rain for Texas. Meteorologists reported that in May alone, 37.3 trillion gallons of water fell in Texas — enough to cover the entire state with 8 inches of water. The nonstop barrage has caused...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending May 22, 2015

REAL PROPERTY UPDATE - Duty to Disclose/Vacant Property: plaintiff failed to present competent, substantial evidence of existence of fact materially affecting value of property and did not prove defendants had actual...more

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