News & Analysis as of

Liability Insurance Property Damage

J.S. Held

2024 J.S. Held Global Risk Report: Weather and Natural Disasters

J.S. Held on

The growing frequency and ferocity of major weather events and natural disasters have pushed the climate change discussion to the forefront of governments and businesses. Droughts, floods, wildfires, earthquakes, and volcanic...more

Woodruff Sawyer

Insurance for Mass Timber Manufacturers: 5 Ways to Customize Your Coverage

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The right insurance coverage is critical for all businesses, and mass timber manufacturing is no exception. The complex and unique exposures mass timber manufacturers face creates a wide scope of insurance needs that vary by...more

Pillsbury - Policyholder Pulse blog

Recent Illinois Supreme Court Decision on Construction Defect Claim Is a Perfect Holiday Gift for Policyholders

The Illinois Supreme Court handed down a big win for policyholders just in time for the holidays. In Acuity v. M/I Homes of Chicago, LLC, the court joined the mainstream of jurisdictions and reversed years-old precedent that...more

Cozen O'Connor

Structuring Lease Agreements To Maximize Subrogation Recoveries

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One of the most frustrating scenarios in the subrogation world is when a promising claim with clear liability on the part of a tenant is barred or limited based on lease language. When it comes to lease agreements, a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Total Pollution Exclusion/Crude Oil Leak: Federal Appellate Court Addresses Insurance Coverage Question

The United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) addressed in an October 26th Opinion a company’s Commercial General Liability (“CGL”) policy Total Pollution Exclusion (“TPE”). See Central Crude,...more

Wiley Rein LLP

Material Issues of Fact Preclude Summary Judgment that Insurer Waived or was Estopped from Asserting Coverage Defenses

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The United States District Court for the Western District of Louisiana, applying Louisiana law, has held that material issues of fact precluded summary judgment that an insurer waived or was equitably estopped from raising...more

Rivkin Radler LLP

Insurance Update - January 2022

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Cases discussed in our January Insurance Update answer these questions: •A commercial crime policy covers property that the insured “holds for others.” In the context of a phishing scheme, does “hold” mean the insured...more

Quarles & Brady LLP

2021 Wisconsin Insurance Case Law Year in Review

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Every year, Quarles & Brady’s Insurance Recovery Team compiles a list of important decisions by Wisconsin state and federal courts addressing insurance issues. We then summarize the cases to keep you informed of developments...more

Rivkin Radler LLP

The Title Reporter – Spring 2021

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Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •A trial court in New York has rejected a counterclaim filed against a title insurance company in a case it...more

Sheppard Mullin Richter & Hampton LLP

Continuous and Progressive Damage Raised Factual Question as to the Timing of “Occurrence”

Thomas Guastello v. AIG Specialty Insurance Company, — Cal.Rptr.3d –, 2021 WL 650878 (Cal. Ct. App., Feb. 19, 2021), Fourth Appellate District Court of Appeal, Case No. G057714. Various stakeholders in the Pointe Monarch...more

Rivkin Radler LLP

New York Insurance Coverage Law Update

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New York Court Reaffirms That Contractor’s Defective Work Is Not A Covered “Occurrence” Anthony and Sandra Tamer hired RD Rice Construction (“Rice”) as a general contractor to gut and rebuild their combined residential...more

Ward and Smith, P.A.

What To Do First if You Are Involved in a Car Accident in North Carolina

Ward and Smith, P.A. on

As a result of "stay at home" orders and other social distancing guidelines to help stop the spread of COVID-19, fewer North Carolinians are driving. In fact, recent news stories report that some car insurance companies...more

Cozen O'Connor

Property Insurance Coverage Issues Associated with COVID-19

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The novel coronavirus 2019 (COVID-19) has disrupted events, supply chains, sales, and entire industries. As a result, businesses will likely look to their property insurers to recuperate lost business income, as well as...more

Ballard Spahr LLP

Insurance Coverage Questions Abound Amidst COVID-19 Outbreak

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Among the legal issues presented by the coronavirus outbreak is the extent to which insurance policies may provide relief for virus-related losses. Proactive businesses are reviewing the specific risks they face and looking...more

Michigan Auto Law

Auto Insurance Recommendations For New Michigan No-Fault Law

Michigan Auto Law on

People often ask me “how much car insurance do I need?” Never has this question been more important than now. Michigan drivers now face the biggest changes in auto No-Fault insurance since the No-Fault Act was enacted in...more

Rumberger | Kirk

Four Things Insurance Companies Should Know About Florida House Bill 301

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Florida House Bill 301—approved by the Florida Legislature in the 2019 Regular Session and signed by the Governor—addressed a number of different issues relating to insurance in Florida. This article discusses four of those...more

Robinson+Cole RLUIPA Defense

RLUIPA Does Not Apply to Uninsured Amish Roofer Repairing Homeowner’s Damaged Roof

A federal court in New York issued an important decision that should serve as a reminder about the reach of RLUIPA.  The case involves a homeowner’s request to have an Amish roofer repair her damaged roof.  In April 2018,...more

Pillsbury - Policyholder Pulse blog

Environmental Closure Costs Are Covered! (And Are Not Ordinary Costs of Doing Business)

Insurers have recently argued that environmental property damage claims for “closure” costs arising out of historic pollution are not covered, because the claimed damages are just “ordinary costs of doing business.”...more

Womble Bond Dickinson

Eleventh Circuit Holds TCPA Lawsuit Did Not Fall Within Coverage for “Accidents” Under Insurance Policy

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The Eleventh Circuit recently held that sending a fax in violation of the TCPA is not considered an “accident” in determining whether coverage existed for TCPA claims under a commercial general liability insurance policy. ...more

Vedder Price

Federal Safe Harbor from Liability Expanded for Aircraft Lenders and Lessors

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After many years of congressional stalemates, the long awaited five-year reauthorization for the Federal Aviation Administration (the FAA) became federal law when signed by President Trump on October 5, 2018 (the...more

Vedder Price

Global Transportation Finance Newsletter - December 2018

Vedder Price on

In This Issue: - Federal Safe Harbor from Liability Expanded for Aircraft Lenders and Lessors - ICAO CORSIA Update: Compliance Complexities Under ICAO’s New Carbon Offsetting Scheme Federal Safe Harbor from Liability...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mold/Remediation: Michigan Appellate Court Addresses Duty Owed Homeowner by Insurance Company and Cleanup Contractor

The Court of Appeals of Michigan (“Court”) in an August 21st opinion addressed an issue regarding the duty and liability of Farmers Insurance Exchange (“Farmers”) and U.S. Disaster Services LLC (“U.S. Disaster”) owed to an...more

K&L Gates LLP

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

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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

Carlton Fields

“Voluntary” ≠ “Obligatory”: Good Deeds Do Not Trigger Coverage

Carlton Fields on

Liability policies typically provide coverage for amounts the insured “become[s] legally obligated to pay”—but they leave open the question of how that obligation should be determined. Judgments and settlements clearly...more

Cozen O'Connor

Ninth Circuit Refuses to Extend Continuous Trigger for Property Damage to Non-Pollution Claims

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In Montrose Chemical Corp. v. Admiral Ins. Co., 10 Cal.4th 645, 42 Cal.Rptr.2d 324 (1995), the California Supreme Court held that a “continuous trigger” applies to liability coverage for property damage claims arising out of...more

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