Property Damage

News & Analysis as of

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

Fracking-Related Earthquake Litigation Gains Momentum

On June 30, 2015, the Oklahoma Supreme Court issued a decision that opened the courthouse doors to lawsuits for property damage and personal injuries caused by earthquakes purportedly related to fracking activities. See Ladra...more

Property Subrogation Alert: Potential Property Subrogation Opportunities in South Carolina Related to the Recent Historic Rainfall...

In light of the recent historic rainfall and flooding in South Carolina, Nexsen Pruet’s property subrogation and recovery team would like to advise you of potential subrogation opportunities that may otherwise go overlooked....more

Oh My! Oklahoma Court Allows Earthquake Case to Proceed

What should we make of the Oklahoma Supreme Court’s order sending a suit alleging injuries from an earthquake back to the trial court for further action?  Did the court unleash the lions, tigers and bears of the litigation...more

Restrictions on Condominium Conversions

Now that the recession is beginning to become a memory of the past, the demand for housing is on the rise, and with it is the explosive interest in the multifamily market. As more Americans are choosing to marry later and...more

Washington Federal Court Finds Assignment Of Replacement Cost Holdback Not Permitted Prior To Actual Rebuilding Or Replacement

In Sherard v. Safeco Ins. Co. of Am., 2015 U.S. Dist. LEXIS 138548 (W.D. Wash. Oct. 9, 2015), Safeco Insurance (“Safeco”) issued a landlord insurance policy to Plaintiffs, Carol Sherard and Glenn Sherard for a rental house in...more

Texas Appellate Court Sides with Energy Industry by Requiring Personal Injury Plaintiffs to Submit Expert Testimony in Nuisance...

In a significant victory for the energy industry, on October 7, 2015, the San Antonio Court of Appeals affirmed summary judgment in favor of Marathon Oil Corporation, Marathon Oil EF, LLC (together “Marathon”) and Plains...more

Environmental Stigma Can Reduce Value of Property - Application of a 5 Percent “Standard” Stigma Devaluation for Contaminated...

In a case that will have an impact on the owners of property that has been devalued as a result of environmental conditions, the Pennsylvania Supreme Court recently agreed that contaminated real estate could be appraised at 5...more

Florida’s Third District Finds $120,000 Attorneys’ Fee Award Against Insurer To Be Excessive

In State Farm Fla. Ins. Co. v. Alvarez, 2015 Fla. App. LEXIS 13767 (Fla. Dist. Ct. App. 3d Dist. September 16, 2015), the Third District reversed a $120,000.00 award for attorneys’ fees entered in favor of Jose and Martha...more

Mitigating Damages: The Owner's Duty in a Condemnation Case

When a property owner is faced with a condemnation case, what is its responsibility for maintaining the property and reducing damages? In most cases, the owner still has a duty to responsibly care for the property....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

Massachusetts Court Refuses to Apply Discovery Rule to Commencement of the Suit Limitations Period

Monday, in Nurse v. Omega U.S.  Insurance., Inc., 2015 Mass. App. LEXIS 158, 2015 WL 5774390 (Mass.App., Oct. 5, 2015), a unanimous panel of Massachusetts’ intermediate level appellate court held that the two-year suit...more

September 2015: Product Liability Litigation Update

Ninth Circuit Restricts Scope of CAFA’s “Local Single Event” Exception. In Allen v. Boeing Co., 784 F.3d 625 (9th Cir. 2015), the Ninth Circuit recently held that a case did not fall within the Class Action Fairness Act’s...more

Renewable Energy Update - October 2015

Renewable Energy Focus - Price of solar energy in the U.S. has fallen to 5¢/kWh on average: Lawrence Berkeley National Laboratory - Sep 30: Solar energy pricing is at an all-time low, according to a new report released...more

Insurance Chain Reaction from the Tianjin Port Explosion

The recent Tianjin port explosion, like the 2011 Japanese earthquake and Thai floods, will lead to massive supply chain disruption. The impacted area included a high concentration of multinational and technology companies....more

Second Circuit Holds Auto Collisions Caused by Multiple Occurrences

In its recent decision in Nat’l Liab. & Fire Ins. Co. v. Itzkowitz, 2015 U.S. App. LEXIS 16763 (2d Cir. Sept. 22, 2015), the United States Court of Appeals for the Second Circuit, applying New York law, had occasion to...more

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