Property Damage

News & Analysis as of

Illinois Appellate Court Affirms a Declaratory Judgment in Favor of the Insurer Where the Underlying Suit Did Not Allege an...

In Westfield Ins. Co. v. West Van Buren, LLC, the Appellate Court of Illinois, affirmed the trial court’s decision holding that the developer, West Van Buren, LLC (“Van Buren”), was not entitled to defense and indemnification...more

IN Catastrophes: Preparing for Hurricane Matthew Claims in the Carolinas

Thousands of homes and other buildings both on the coast and in the interior of the Carolinas have been damaged or destroyed by Hurricane Matthew, and ongoing flooding continues to cause damage and hinder recovery efforts. By...more

Hurricane Matthew flood claims may not be entirely preempted by federal law

In the wake of Hurricane Matthew and its associated flooding (particularly in North Carolina and South Carolina), a recent case of first impression in the Sixth Circuit may be cited by both damaged businesses and insurers and...more

State-law Based Claims Against Parties Other than the United States Seeking Damages Arising Out of the Procurement of Flood...

Harris v. Nationwide Mutual Fire Insurance Company, __ F.3d __, 2016 WL 4174381 (6th Cir. Aug. 8, 2016) - Case at a Glance - Plaintiffs purchased a home located in a federal flood zone, but they did not purchase...more

Important Insurance Coverage Considerations for Losses Caused by Hurricane Matthew

Hurricane Matthew hammered the south eastern United States from October 6 through October 9, before finally veering off into the Atlantic. Matthew devastated parts of Florida, Georgia, South Carolina, and North Carolina...more

Fifth Circuit: If It Ain’t Broke, Not Paying To Fix It Ain’t Bad Faith

Toney v. State Farm Lloyds, Case No. 14-40914, 2016 WL 4784012 (5th Cir. Sept. 13, 2016). After a March 2012 hail storm damaged his home in Mission, Texas, Kenneth Toney (“Toney”) filed a claim with State Farm Lloyds...more

Post-Hurricane Matthew: Insurance Statutes and Regulations

Because Hurricane Matthew claims may be taking you and your colleagues to several different states, we thought it might be helpful to bear in mind the different claims adjusting standards and regulations in those states that...more

Hurricane Matthew Requires Immediate Action to Maximize Insurance Recovery

After tearing through the Caribbean, Hurricane Matthew’s path brought it north to the Southeastern coast of the U.S., bringing evacuations, business closures and damages to the region. Florida, Georgia, South Carolina and...more

In Alabama, Sewage is NOT a Pollutant Falling Within the Pollution Exclusion in a Commercial General Liability Policy

Pollution exclusion clauses are an insurance industry staple and are often contained in commercial general liability insurance policies. While one might think that raw sewage would be considered a pollutant, under current...more

Five Ways to Prepare for Business Interruption Insurance Claims in a Natural Disaster

The extraordinary images and reports of the devastation from Hurricane Matthew have filled the news outlets. While the focus remains on the human toll and concern for the well-being of friends, colleagues and business...more

Hurricane Matthew insurance tips for businesses

With Hurricane Matthew downgraded to a tropical cyclone, it is time for affected businesses, property owners, and insurers to focus on quantifying the amount of damage caused by the storm. By some estimates, Hurricane...more

Insurance Recovery for Losses Related to Hurricane Matthew

Action Item: Businesses and homeowners along the East Coast from Miami to Charleston may suffer significant property damage and/or business interruption as Hurricane Matthew moves along the coast. Insurance will be a critical...more

As Hurricane Matthew Approaches: A "Top Ten" List for Handling Condominium Association Claims

Condominium association property claims can be contentious and confusing. Large condominium buildings often are the subject of multi-million dollar insurance claims, lawsuits, and appraisals.The “cookie cutter” nature of...more

Can Disputes Related To Procurement Of Federal Flood Insurance Policies Be Litigated In State Court?

It is well-established that claim processing and wrongful denial of coverage disputes involving federal flood insurance policies belong in federal court because they present substantial questions of federal law. The U.S....more

Sometimes It’s Hard to Waive Subrogation: Pacific Indemnity v. Deming

According to the recent decision of the U.S. Court of Appeals for the First Circuit in Pacific Indemnity Company v. Deming, 2016 WL 3607028, 2016 U.S. App. LEXIS 12374 (July 5, 2016) common contractual provisions that...more

Texas Says ‘No Way’ to One Way’s Hail Damage Claim

In a recent opinion, U.S. District Judge Sidney Fitzwater delivered the final blow to One Way Investments Inc. in its hail damage lawsuit against property insurer Century Surety Company — granting summary judgment in favor of...more

Postdiluvian Perils: Second Circuit Weighs Coverage For Losses Suffered After The Waters Recede

As this blog has reported, exclusions and limits for flood coverage have generally held up against the tide of claims arising from Superstorm Sandy. Now that the water is gone, however, new losses have been discovered, and...more

Charlotte-area riots and looting could be covered by insurance

Businesses in Charlotte, North Carolina will most likely be covered by property insurance for damage caused by protesters. Additionally, some may be able to recover lost business income. Over the last two evenings,...more

TIMBER! – Liability for damage to private property caused from a fallen tree?

For better or worse, banks frequently obtain possession of, or title to, pieces of property. Often times, these parcels of land have been neglected and are in poor condition. It would not be surprising to find a property...more

Subcontractor Exception Torpedoes Insurers’ Defense To Faulty Workmanship Claim

As this blog has reported, a line of cases deciding coverage disputes over faulty workmanship runs against (or, at least, around) a basic rule for interpreting insurance policies. Under that rule, the scope of coverage is...more

Texas Supreme Court to Decide Whether a Policyholder Can Recover Damages When The Carrier Does Not Breach the Policy

According to both the appellant and the appellee, the Texas Supreme Court already decided this issue. Each, of course, finds a different answer. Cause No., 14-0721, USAA Texas Lloyds Co. v. Gail Menchaca, in the Texas...more

Crisis Management in the Gas Patch (Part 2): Handling Well Control Claims

In a challenging business climate, such as when oil and gas are selling at low prices, exploration and production companies are not only increasingly selective with their drilling programs and capital expenditures, but are...more

Do Loose Lips Sink Qui Tam Complaints? Supreme Court May Soon Determine if Violation of False Claims Act’s Seal Requirement...

The Supreme Court plans to review a decision that allowed relators to maintain their False Claims Act lawsuit even after a series of disclosures that may have violated the law’s requirement that lawsuits be “sealed” and...more

Global Hail

The United States experiences a large number of hail events, but hail can occur anywhere in the world – especially in areas near mountainous terrain. Western China and northern India experience hail quite frequently, as do...more


On August 12, 2016, Louisiana Governor John Bel Edwards declared a state of emergency in response to historic flooding in Louisiana. The state of emergency is set to expire on Monday, September 12, 2016. The most recent...more

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