News & Analysis as of

Water Damage

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

Water Intrusion/Mold: Home Buyer Files Action Alleging Breach of Warranty in Circuit Court of Washington County, Arkansas

Aaron and Michelle Lewis (“Lewis”) filed a Complaint in the Circuit Court of Washington County, Arkansas against Rouse-Walker Properties, Inc. d/b/a Cobble Stone Homes (“Rouse”) alleging Breach of Warranty for a house they...more

Rivkin Radler LLP

August 2024 New York Insurance Coverage Law Update

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Merchants Preferred Insurance Company filed a declaratory judgment action in New York seeking a declaration that it had no duty to defend or to indemnify its insureds in an underlying Florida personal injury action arising...more

Marshall Dennehey

Fifth District Court of Appeals Overturned Trial Court’s Dismissal of Insured’s Complaint as the Policy’s Loss Payment Provision...

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Aymee Taylor v. State Farm Florida Insurance Company, 5D23-0243 (5th Fla. DCA, Apr. 12, 2024) - The insured suffered water damage caused by a overflowing sink. State Farm covered the loss, and the parties participated in the...more

White and Williams LLP

Water Losses 101: A Discussion of Common Causes of Water Losses and How to Investigate them – Part 2

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The newest episode of the Subro Sessions podcast, is hosted by Gus Sara, Partner, and Michael DeBona, Counsel, who are joined by guest J. Pablo Ross, PE, of Ross Engineering. The episode, entitled “Water Losses 101: A...more

Robinson+Cole Construction Law Zone

Water Alone is Not Property Damage Under a CGL Policy in Connecticut

The Connecticut Appellate Court recently provided guidance on what does not constitute property damage under a typical contractor’s Commercial General Liability (CGL) insurance policy in Westchester Modular Homes of Fairfield...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - June 2024

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The parent of an infant sued Kim Eichle for Eichle’s alleged negligence in serving alcohol to her houseguest, Jacob Russo, who allegedly assaulted the infant, and for negligence in failing to keep the sidewalk at her...more

White and Williams LLP

Getting Control of an Accident Scene and Ensuring Evidence is Preserved

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The newest episode of the Subro Sessions podcast, hosted by associates, Ryan Bennett and Melissa Kenney, is entitled “Getting Control of an Accident Scene and Ensuring Evidence is Preserved.” Ryan and Melissa discuss fire...more

Cozen O'Connor

What Is Reasonable Care for Maintaining Heat in an Unoccupied Home?

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The New York Supreme Court recently weighed in on what constitutes “reasonable care” to maintain heat in the context of a first-party insurance policy exclusion requiring such reasonable care. In Michael Zimmerman v....more

Pillsbury - Policyholder Pulse blog

Ready, Set, Action: Camera-Shy Insurers Are Subject to Recording

Resolving an issue of first impression, the California First District Court of Appeal recently decided that property policyholders required to submit to an examination under oath (EUO) have a right to record the entire...more

Marshall Dennehey

Grappling With the Wear and Tear Exclusions of Homeowners’ Policies

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Chabad of Key Biscayne, Inc. v. Scottsdale Ins. Co., No. 22-13603 (11th Cir. 2023) - Chabad filed a claim for water damage after a drain or sewer pipe broke. The insurer denied the claim under the general water damage...more

Butler Weihmuller Katz Craig LLP

Tear-Out Costs Get Torn Out Again

On September 13, 2023, the Third District Court of Appeal released its opinion in People’s Trust Insurance Company v. Banks. The opinion is a substitute opinion for the Court’s original opinion, which was issued on August 13,...more

White and Williams LLP

New York Court Holds Insurer Can Recover Before Insured Is Made Whole

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In State Farm Fire & Cas. Co. v. Tamagawa, Index No. 510977/2021, 2023 N.Y. Misc. Lexis 5434, the Supreme Court of New York considered whether an insurance carrier can settle its property subrogation lawsuit with the...more

Davidoff Hutcher & Citron LLP

Leaks & Water Damage in Co-ops: 4 Questions to Determine Who is Responsible for Repairs

1. If a Leak Destroys an Apartment, is a Co-Op Board Responsible for the Repairs? In the event of a fire, water, or other damage, almost every proprietary lease has boilerplate language on who is responsible for certain...more

J.S. Held

How to Handle Complex Ports and Terminals Business Interruption Insurance Claims

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Ports and terminals serve as the primary infrastructure for movement of goods and commodities in and out of a country and therefore play a vital role in global trade. As well as facilitating trade, ports and terminals also...more

McDermott Will & Emery

Insurance Protection Gaps: Searching for Solutions

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Given the vast number of proposals to close “the protection gap” offered by regulators, reinsurers, insurers, brokers and other industry participants in recent years, it is a wonder that it persists. But to many observers, it...more

Woodruff Sawyer

Mitigating or Preventing Water Damage

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Water’s capacity to inflict severe and costly damage looms large over all construction projects. Whether it’s caused by Mother Nature or human error, water damage presents a ubiquitous threat. Because construction water...more

J.S. Held

Water Damage Restoration - A Guide to Advanced Structural Drying

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Advanced Structural Drying (ASD) is the effective, efficient drying of water-damaged buildings and dwellings, using comprehensive knowledge and tools. The process includes the collection of appropriate data for utilization...more

J.S. Held

Environmental Considerations In The Claims Process

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Following notification of impact to a property through the claims notification process, restorers are regularly called upon to make necessary initial decisions regarding water extraction and drying and impacted material...more

Baker Donelson

Does Your Water Damage Sublimit Really Limit Your Water Damages? It Depends...

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On June 29, 2022, Florida's Fourth District Court of Appeal issued a favorable decision for insurers, but on its face, the decision may seem to conflict with Fifth District law....more

J.S. Held

A Guide to Wind Versus Water Assessments for Property Damage Claims

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Since 2016, the United States has had at least one landfalling hurricane each year and a total of 19 landfalling hurricanes. According to the Insurance Information Institute, five of the top 10 costliest hurricanes have...more

Locke Lord LLP

May 2022 Property Insurance Law Updates

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Issues to Watch - 1. Causation—What is an insured’s burden when the claimed loss involves a mix of covered and non-covered causes? Overstreet v. Allstate Vehicle & Prop. Ins. Co., No. 21-10462, 2022 WL 1579278 (5th Cir....more

Butler Weihmuller Katz Craig LLP

The Water Damage Endorsement Does Not Include “Tear Out” Cost in Cast Iron Pipe Claims

Florida is replete with houses that contain cast iron pipes. After several years, those pipes deteriorate to the point that water leaks out, causing a loss. The Fifth District Court of Appeal recently addressed this same fact...more

Butler Weihmuller Katz Craig LLP

Appellate Court Holds Entitlement to Fees and Costs Award Under Section 768.79 Does Not Require Defendant’s Settlement Offer...

Few things play a more sizable factor in litigation than attorney’s fees. They incentivize suing as much as they do settling. The prospect of liability for the other side’s fees is a long shadow cast by every case, whether it...more

Rumberger | Kirk

RumbergerKirk Wins Another Summary Judgment for Carrier in Limited Water Damage Endorsement Case

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Given the rise of cast iron pipe lawsuits in the state of Florida, RumbergerKirk’s recent summary judgment victory upholding a carrier’s limited water damage endorsement is a welcomed change for insurance carriers. It is the...more

Cozen O'Connor

No Bad Faith When Insurer Relied on Opinion of Independent Consultant

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The Court of Appeals of Georgia recently held that an insurer’s reliance on the report of an independent consultant creates a presumption that it did not act in bad faith in denying coverage. In Montgomery v. Travelers Home...more

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