News & Analysis as of

Fire Damage

White and Williams LLP

Definitions Matter in Illinois: Tenant Held Liable Only for Damage to Apartment Unit

White and Williams LLP on

In Phila. Indem. Ins. Co. v. Gonzalez, No. 1-23-0833, 2024 Ill. App. Unpub. LEXIS 1372, the Appellate Court of Illinois considered whether the terms of a lease agreement limited a tenant’s liability for fire damages, a fire...more

White and Williams LLP

Investigating Residential Electrical Fires Part 2 – Arcing and Arc Mapping

White and Williams LLP on

Matthew Ferrie, Partner, is back again to host the newest episode of the Subro Sessions podcast. Bert Davis, Principal for Romauldi, Davidson, & Associates and BDA Engineering, joins Matt for the second episode on...more

Goldberg Segalla

Recent Agent Breach of Contract Decisions of Note

Goldberg Segalla on

As part of Goldberg Segalla’s commitment to client-focused service and ensuring you are kept apprised of the latest rulings and trends that could impact your profession, we would like to call your attention to two recent New...more

Lowndes

Property Owner Considerations Around Electric Vehicle Bans

Lowndes on

The Canadian Broadcasting Corp. recently reported that Oberon Development Corp., a Toronto property management company and apartment project owner, banned the use and storage on its properties of electric vehicles like cars,...more

White and Williams LLP

Wyoming Supreme Court Picks a Side After Reviewing the Sutton Rule

White and Williams LLP on

In a matter of first impression, the Supreme Court of Wyoming (Supreme Court), in West American Insurance Company v. Black Dog Consulting Inc., No. S-23-0052, 2023 WY 109, 2023 Wyo. LEXIS 111, examined whether a landlord’s...more

Butler Weihmuller Katz Craig LLP

Thanks to an Unruly Cat, the Tennessee Court of Appeals Reaffirms the Sutton Rule

A recent ruling by the Tennessee Court of Appeals in Patton v. Pearson1 upheld the ‘Sutton Rule’ in a subrogation action following a house fire at a rental property. The court’s decision emphasizes the crucial role of lease...more

J.S. Held

Fire Strategy in St. James’s Oncology v Lendlease and the Building Safety Act – An Architect’s Perspective

J.S. Held on

Since the major fire event at Grenfell Tower in June 2017, a significant period of cultural and professional change has occurred within the construction industry in regard to fire safety. During this period, we have seen the...more

Awatif Mohammad Shoqi Advocates & Legal...

Learn More About The Fines And Penalties For Arson Cases In The UAE

Arson means the act of deliberately setting fire to property and thereby causing widespread damage, including danger to people and animals. Although the offence of arson typically involves buildings, it could include any...more

Gould + Ratner LLP

Forecast for Insuring Commercial Solar Panel Installations: Partly Cloudy

Gould + Ratner LLP on

The United Nations recently described climate change as “the defining crisis of our time.” Further, a flagship UN report on climate change declared that the world is on a fast track to disaster because of rising carbon...more

White and Williams LLP

Mind Over Matter: Court Finds Expert Opinion Based on NFPA 921 Reliable Despite Absence of Physical Testing

White and Williams LLP on

In Smith v. Spectrum Brands, Inc., 2022 U.S. Dist. LEXIS 142262, the United States District Court for the Eastern District of Pennsylvania (District Court) considered whether the plaintiffs’ liability expert met the...more

Cozen O'Connor

Intentional Loss Exclusion Could Apply Even to Unintended Damage, Says the Tenth Circuit

Cozen O'Connor on

The Tenth Circuit recently held that, under Kansas law, an intentional loss exclusion precludes coverage for damage caused by an intentionally set fire even if the actual resulting damage is unintended. In Taylor et al. v. LM...more

Farella Braun + Martel LLP

Mitigating the Uncertainty of Smoke Taint in Wine Grapes

Smoke taint has dominated the worries of the California wine industry recent years. With unsettled climate conditions and continued droughts, there is no reason to think that smoke taint will not continue to be a significant...more

Cozen O'Connor

Claim Investigation Not Necessarily Protected by Work Product Doctrine in Illinois

Cozen O'Connor on

In determining when the work product doctrine is triggered, the Northern District of Illinois recently held that, rather than adopting a bright-line rule, the issue should be decided on a case-by-case basis at the court’s...more

Farella Braun + Martel LLP

[Webinar] Fire Season Preparedness: What Wineries Should Do Now - June 23rd, 10:00 am - 11:00 am PT

California is at the start of another dry year, with increased likelihood that the North Bay will experience another active fire season. Fires are always a risk and they are always unpredictable, spread quickly, and can...more

Cozen O'Connor

South Carolina Allows Depreciation of Labor Costs In ACV Calculation

Cozen O'Connor on

Insurers in South Carolina may now depreciate both labor costs and material costs when determining the “actual cash value” (ACV) owed to policyholders for property damage....more

Farella Braun + Martel LLP

What California Wineries Need to Know Now to Prepare for Fire Season

California is at the start of another dry year, with increased likelihood that the North Bay will experience another active fire season. Fires are always a risk and they are always unpredictable — preparing in advance can...more

Troutman Pepper

Maryland Court Holds No Right of Contribution Where A Waiver of Subrogation Precludes Common Legal Responsibility

Troutman Pepper on

Gables Construction, Inc. v. Red Coats, Inc., No. 23, 2020 BL 193791, 2020 MD LEXIS 264 (Md. May 26, 2020) - Upper Rock II, LLC (“Upper Rock”) contracted Gables Construction, Inc. (“GCI”) to construct a multi-building...more

Cozen O'Connor

Implied Coinsured? Subrogation Actions Against Condominium Tenants

Cozen O'Connor on

When considering a claim’s subrogation potential, insurance carriers are often confronted with contractual waivers of subrogation that potentially bar the claim. One of the most common waivers carriers face are those...more

Cozen O'Connor

San Francisco Fisherman's Wharf Fire

Cozen O'Connor on

On May 23, 2020, a massive fire erupted on Pier 45 on Fisherman’s Wharf in San Francisco, California. The fire quickly tore through a warehouse near the end of the concrete pier, causing its walls to collapse and firefighters...more

Cozen O'Connor

Five Mile Swamp Fire

Cozen O'Connor on

On the afternoon of Monday, May 4, 2020, the Five Mile Swamp fire broke out during a permitted, prescribed 240-acre burn in the Pensacola Bay Mitigation Bank located near Milton, Santa Rosa County, Fla. ...more

White and Williams LLP

Homeowners Coverage for Arsonist’s Innocent Coinsured: Clarification From the MA Supreme Judicial Court

White and Williams LLP on

In Aquino v. United Property & Casualty Company, the Massachusetts Supreme Judicial Court addressed the responsibilities of an insurer under a homeowners policy to an innocent insured homeowner when her fiancée — a coinsured...more

Snell & Wilmer

Museum Fire Impact: $12M+ and That’s Just the Money!

Snell & Wilmer on

The costs of Flagstaff’s July 2019 Museum Fire, fully contained as of August 15th and for which no cause has yet been determined, are now anticipated to exceed $13,000,000. To date, the Coconino National Forest Service has...more

Troutman Pepper

District Court in Utah Grants Summary Judgment for Contractor Against Insurance Subrogation Claim Based on Contractual Waiver...

Troutman Pepper on

Aquatherm, LLC v. CentiMark Corp, 2019 BL 13240 (D. Utah Apr. 12, 2019) - Stag II Lindon LLC and Stag Industrial Inc. (collectively “Stag”) owned a building in Lindon, Utah. Stag contracted with CentiMark Corp....more

Cozen O'Connor

Free Ride on RCV? Not So Fast!

Cozen O'Connor on

Most property insurance policies condition the payment of replacement cost value (RCV) on the property first being replaced or repaired, and courts typically enforce that requirement. ...more

Robins Kaplan LLP

I’ve Reached My Limit: Exploring the Fire Damage Legal Liability Limit in Commercial General Liability Policies

Robins Kaplan LLP on

In the face of a fire that results in damage to multiple units of a commercial building, it can be difficult for insurers to determine the scope and extent of coverage available under a commercial general liability policy....more

66 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide