Water Damage

News & Analysis as of

Utah Court: Seepage Over A Months-Long Period Is Excluded As Moral Hazard

Two weeks ago in Wheeler v. Allstate Ins. Co., 2015 WL 5714392, 2015 U.S. Dist. LEXIS 131736 (C.D.Utah, Sep. 29, 2015), a Utah court barred coverage for a mold loss caused when a vacant log cabin suffered a long-term water...more

Suit Limitation Is A Contractual Term, Not A Statute Of Limitations: Virginia Supreme Court Orders Allstate’s Demurrer Be Granted

The Virginia Supreme Court recently clarified that, even if the suit limitation in a standard fire insurance policy incorporates the language required by Virginia Code, the suit limitation language is not subject to statutory...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

Florida to Decide What Test Applies When Concurrent Multiple Perils Cause a Loss

For years, Florida courts have been seesawing between two different doctrines to determine whether there is coverage under a property policy when two perils – one excluded and one included — combine to cause a loss. Two...more

Texas Supreme Court Holds Builder’s Limited Defensive Participation in Litigation Did Not Waive Right to Compel Developer to...

G.T. Leach Builders, LLC v. Sapphire V.P., 2015 Tex. LEXIS 273 (Tex. Mar. 20, 2015) This action arose after 2008’s Hurricane Dolly caused extensive damage to a luxury condominium project that Sapphire V.P., L.P. (“Developer”)...more

Seventh Circuit Holds Insured Entitled to a New Roof for Purely Cosmetic Hail Damage

The Seventh Circuit is becoming a difficult venue for insurers. In November we reported that the Court of Appeals had held that the phrase “continuous or repeated exposure” in definition of occurrence meant that a continuous...more

Texas High Court Clarifies Multiple Perils Coverage Scope

Often damage to a building or structure can be the result of multiple perils. One of the most common examples is when a windstorm causes a building to sustain both flood and wind damage. Based on the policy language at issue,...more

Iowa’s Highest Court: Damage by Rainwater is Damage by Rain

Last July, we posted that an intermediate level appellate court in Iowa had held that a policy excluding loss “caused by rain” did not bar coverage for loss occasioned by the non-excluded peril of “rainwater.” ...more

New York’s Highest Court Enforces a Water Damage Exclusion Despite an Ensuing Loss Exception

In Platek v. Town of Hamberg, et al., 2015 WL 685726, 2015 N.Y. LEXIS 252 (N.Y., Feb. 19, 2015), the New York Court of Appeals held that an exclusion for water below the surface of the ground was unambiguous and operated to...more

Seventh Circuit Declines to Issue Bright-Line Rule Regarding Trigger in First-Party Property Cases

The Seventh Circuit addressed Strauss v. Chubb Indem. Ins. Co., 2014 U.S. App. 21794 (7th Cir. November 18, 2014) on an appeal from the Eastern District of Wisconsin. The Strausses constructed a home in Mequon, Wisconsin in...more

As the Snowfall Comes to an End, Buffalo, New York Area Businesses Should Seek To Protect Their Insurance Rights

The Buffalo, New York, area has been devastated with record-setting levels of snowfall. In just a few days, the area has received a year’s worth of snow, with more than seven feet in some places. The heavy snow has led to...more

Seventh Circuit: Under Wisconsin Law, “Continuous or Repeated Exposure” Language Means That a Continuous Trigger Theory Applies

Yesterday, in Strauss v. Chubb Indem. Ins. Co., – F.3d – , 2014 WL 6435314, 2014 U.S. App. LEXIS 21794 (7th Cir., Nov. 18, 2014), the Court of Appeals held that the use of the phrase “continuous or repeated exposure” in a...more

West Virginia Federal Court Denies Summary Judgment To Insurer On Hail And Water Damage Claim

The U.S. District Court for the Northern District of West Virginia, in FA Mgmt. v. Great Am. Ins. Co., 2014 U.S. Dist. LEXIS 75912, 2 (N.D. W. Va. June 4, 2014), was presented with an insurer’s motion for summary judgment...more

New York Holds Water Which Backs Up Is Covered If It Originated On The Insured Premises

Last week, in Pichel v. Dryden Mutual Ins. Co., — N.Y.S. 2d —, 2014 WL 1923736 (May 15, 2014), an intermediate level appellate panel in New York brought the state into line with the interpretation of water backup adopted by a...more

Calif. Plumbs The Depths Of Water Damage Exclusions

A recent decision by the California Court of Appeal confirms the willingness of courts in California to enforce exclusions for water damage in property policies, thus precluding coverage for the policyholders’ alleged...more

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