Property Damage

News & Analysis as of

Texas Federal Court Rejects Insured’s Attempt To Destroy Diversity By Naming Adjuster As Defendant

The insured in Patel v. Acceptance Indem. Ins. Co., No. 4:15-CV-944-A, 2016 U.S. Dist. LEXIS 10300 (N.D. Tex. Jan. 28, 2016), alleged that Acceptance Indemnity Insurance Company and its adjuster, Charles Payne, did not fully...more

Coverage for Direct Physical Loss Does Not Necessarily Include “Matching” or Require “Aesthetic Uniformity”

When a property insurance policy covers a multi-story building or multi-building property, and a portion sustains damage, there is often a question regarding the extent to which undamaged property should be replaced to ensure...more

As Winter Storm Jonas Bears Down, Businesses Should Seek To Protect Their Insurance Rights

While this year’s winter has been relatively mild for the East Coast, Winter Storm Jonas is expected to produce prolific amounts of snow in parts of the East, rivaling infamous snowstorms of the recent past. While the...more

Florida District Court of Appeals Addresses Voluntary Payment By Insurer After Suit Filed

In a recent decision, another Florida District Court of Appeals weighed in on the issue of whether voluntary payment by an insurer after suit is filed is a “confession of judgment” for purposes of awarding the insureds’...more

Supreme Court of Texas Rules Installation of Faulty Product Not Covered by Standard CGL Policy

In U.S. Metals, Inc. v. Liberty Mutual Group, Inc., No. 14-0753, 2015 Tex. LEXIS 1081 (Tex. Dec. 4, 2015) the Supreme Court of Texas ruled that installation of a faulty component does not cause physical injury to the...more

Florida’s Third District Upholds Multiplier To Increase Award Of Attorneys’ Fees To Insured

In Citizens Prop. Ins. Corp. v. Pulloquinga, 2015 Fla. App. LEXIS 19453 (Fla. Dist. Ct. App. 3d Dist. December 30, 2015), the Third District affirmed a Miami-Dade trial court’s application of an attorney fee multiplier of...more

Getting Coverage for your Property Loss— Consider the “Efficient Proximate Cause.”

Woodland Hills personal injury attorney has significant experience in insurance and insurance coverage. Often, the ability to understand and access insurance coverage is a key component in a successful recovery in a large...more

First Floods of 2016: Insurance Recovery Tips for Midwestern Businesses

The beginning of 2016 brought floods to the Midwest—and, tragically, loss of life and extensive property damage. With the floodwaters now receding and cleanup underway, affected businesses should consider obtaining insurance...more

California Appellate Court Clarifies Proper Amount of Evidence Required to Support Restitution Order

Question Considered in Graffiti Abatement Case - A recent California Appellate Court decision regarding restitution evidence in a graffiti abatement case clarifies the sort of evidence cities should present in...more

Texas Supreme Court Addresses Impaired Property Exclusion

In U.S. Metals Inc. v. Liberty Mut. Ins. Group, Inc., 2015 Tex. LEXIS 1081 (Tex. Dec. 4, 2015), the Texas Supreme Court had occasion to consider whether the mere incorporation of a defective component into a larger product...more

Federal Appeals Court Emphasizes the Importance of Enforcing Contractual Limitations on Consequential Damages

A recent federal court of appeals decision endorses consequential damages exclusions in commercial contracts, and makes clear that such limitations are enforceable under North Carolina law. The United States Court of...more

Georgia Court Confirms Measurement of Damages from Construction Stormwater Runoff onto Adjacent Property

The Georgia Court of Appeals recently upheld the assessment of damages against a property owner for the damage caused to a neighboring pond by erosion and sedimentation resulting from grading and construction inRidley v....more

Florida Court Holds No Duty to Defend Construction Defect Suit

In its recent decision in Core Construction Services Southeast v. Crum & Forster Specialty Ins. Co., 2015 U.S. Dist. LEXIS 163695 (S.D. Fla. Dec. 7, 2015), the United States District Court for the Southern District of Florida...more

Reflections on Low-E Glass vs. Vinyl Siding

From luxury vehicles melting on the streets of London to sunbathers being attacked by a “death ray” at a Las Vegas pool, splashy news reports highlight unanticipated hazards associated with the use of low-e glass in new...more

Insurance Recovery Law - December 2015

Court Rejects Attempt to Broaden "Employer's Liability" Exclusion, Requiring Coverage - Why it matters: A New York federal court recently ruled that an "Employer's Liability" exclusion in a CGL policy applies only when...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

Florida Court Clarifies When Coverage Is Available Under Commercial Property Policy For Matching To Achieve Aesthetic Uniformity

In Great American Insurance Co. of New York v. The Towers of Quayside No. 4 Condominium Assn., 2015 U.S. Dist. LEXIS 150358 (S.D. Fla. November 5, 2015), the court analyzed a Motion for Summary Judgment filed by Great...more

Another Cyber-Risk: Hacks That Cause Property Damage and Interrupt Business Processes

In recent years, there has been no shortage of news about large-scale data privacy breaches; incidents that have affected tens of millions of consumers nationwide. Those incidents have spurred a growing market for so-called...more

Two Chinese Public Interest Groups Win Landmark Environmental Lawsuit in China

In a seminal judicial decision, a court in China’s Fujian province ruled on October 29, 2015 in favor of two environmental NGOs who brought suit against four defendants under China’s revised Environmental Protection Law for...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

California Grapples with Landslide Coverage Issues

In California, after a period filled with a major drought, fires, and now predicted heavy rains, we anticipate that this season could bring significant landslide/earth movement losses. Potential insurance coverage to...more

Never Say Never to Lone Pine Orders

After our last two posts, we received emails blasting us for being insensitive to the plight of injured plaintiffs. That struck us as unfair, given that the posts pertained to the technical issues of choice of law and choice...more

High Fire Season Followed by El Nino Sets California Policyholders on Collision Course With Property Insurers

Regular readers of the San Francisco Chronicle saw two familiar headlines in the September 10, 2015 issue of that paper. The first – “Northern California wildfire explodes in size”[1] – would not have been unusual on any...more

South Carolina’s 1,000-Year Flood Requires Immediate Recovery Action

South Carolina was recently pummeled by a devastating storm that Governor Haley described as happening “once in a thousand years.” Compounding the resultant flooding, many dam breaks exacerbated the catastrophic losses South...more

Court Confirms No Duty to Reimburse for Prophylactic Repairs Prior to Actual Collapse

In Grebow v. Mercury Insurance Company (No. B261172, filed 10/21/15), a California appeals court held that coverage for collapse in a homeowners policy does not extend to prophylactic repairs undertaken to mitigate damage...more

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