Water Damage

News & Analysis as of

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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