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Negligence › Homeowner's Insurance

Maison Law

Liability in Vacation Rental Injuries in California

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The vacation rental industry claims over two million properties throughout the United States. According to the Miliken Institute, California had 128,000 short-term vacation rental listings in 2022. The Big Bear region in...more

Fox Rothschild LLP

Could the Crumley Verdict Affect Gun Control in the U.S.?

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We wrote the other day about the trial of a Michigan mother charged with involuntary manslaughter for not taking steps to prevent her son from acquiring a gun and taking it to his school where he killed four people. Yesterday...more

Carlton Fields

Mass. Court Holds Unprovoked Attack Not “Physical Abuse” Within Meaning of Abuse and Molestation Exclusion

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In Dorchester Mutual Insurance Co. v. Miville, the Supreme Court of Massachusetts discussed the basis for its reversal of the Superior Court’s grant of summary judgment in favor of Dorchester Mutual based on its...more

Butler Weihmuller Katz Craig LLP

Critical Analysis in the Claims Handling Process - One or Multiple Occurrences?

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An issue that often arises when an insurer is determining whether a policy provides coverage for bodily injury or property damage under a liability policy is the number of occurrences that may be triggered under the policy. ...more

White and Williams LLP

Pennsylvania Federal Court Excludes Expert Testimony That Tries To Force a Square Peg Into a Round Hole

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In Kenney v. Watts Regulator Co, No. 20-2995, 2021 U.S. Dist. LEXIS 4539 (E.D. Pa. Jan. 11, 2021), the United States District Court for the Eastern District of Pennsylvania considered whether to exclude the plaintiff’s...more

Butler Snow LLP

Got Termites? Are you Protected Against Damage to Your Home Caused by Termite Infestation?

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Allie Gaiter* is a lifelong resident of Louisiana and has owned a modest home in Pierre Part, Louisiana for the past 20 years. Allie recently noticed damaged wood around her kitchen window and discolored sheetrock in the...more

White and Williams LLP

Establishing Proximate Cause Where Both Roads Lead to the Defendant

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In Westfield Ins. Group v. Pure Renovations, LLC, 2019-Ohio-4773, 2019 Ohio App. LEXIS 4829, the Court of Appeals of Ohio considered whether the lower court properly granted the defendant’s summary judgment motion. In its...more

White and Williams LLP

Federal Court Asks South Dakota Supreme Court to Decide Whether Injunction Costs Are “Damages,” Adopts Restatement’s Position on...

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Do costs associated with complying with an injunction constitute covered “damages?” The U.S. District Court for the District of South Dakota recently certified that question to the South Dakota Supreme Court, in Sapienza v....more

Jaburg Wilk

Arizona Supreme Court Holds Contractual Liability Exclusion Does Not Apply to Breach of Duty to Reasonably Construct Home

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The Holding - In Teufel v. Am. Family Mut. Ins. Co., 244 Ariz. 383, 419 P.3d 546 (2018), the Arizona Supreme Court recently held that a Contractual Liability Exclusion in homeowner policies did not apply to a claim for...more

Pullman & Comley, LLC

Too Soon! First Circuit Finds No Duty To Defend Before Suit Is Filed

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Can something short of the filing of a complaint trigger an insurer’s duty to defend? It’s not an idle question. Uncertainty on this issue could produce an unintended breach, and, in some jurisdictions, breach of the duty to...more

Cozen O'Connor

Connecticut Court Holds No Cause Of Action Against Independent Adjuster For Negligence

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The states are divided over whether an independent adjuster can be sued for negligence by the insured, and no Connecticut appellate court has ever addressed that issue. Last Tuesday, however, one of the state’s federal...more

Carlton Fields

Construction Case Law Update - March 2015 #2

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Sinkholes; “Structural Damage” – When undefined in a homeowner’s insurance policy, “structural damage” caused by a sinkhole is best defined as “damage that impairs the structural integrity of the building.” Homeowners argued...more

Troutman Pepper

Gist of the Action Doctrine May Not Bar Tort Claims Arising from Negligent Performance of Contractual Duties

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On December 15, 2014, the Pennsylvania Supreme Court broke its long silence on the gist of the action doctrine when it issued its decision in Bruno v. Erie Insurance Co. The gist of the action doctrine precludes a plaintiff...more

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