With flood waters yet to fully recede, and the cleanup and recovery efforts from the damage caused by Hurricane Harvey and its aftermath in southeast Texas just beginning, the Texas Department of Insurance issued a number of...more
8/31/2017
/ Claims Adjusters ,
Denial of Insurance Coverage ,
Hurricane Harvey ,
Hurricane Season ,
Insurance Claims ,
Insurance Industry ,
Natural Disasters ,
Policy Terms ,
Property Damage ,
Property Insurance ,
Right to Repair ,
Severe Weather ,
Wind Damage
Frequent readers of the blog will appreciate that disputes involving the application of anti-concurrent causation language in the context of claims for flood or water damage have appeared with some frequency in recent years....more
3/3/2017
/ Anti-Concurrent Causation Clauses ,
Declaratory Judgments ,
Denial of Insurance Coverage ,
Flood Insurance ,
Flooding ,
Hurricane Irene ,
Hurricane Sandy ,
Insurance Industry ,
Insurance Litigation ,
Natural Disasters ,
Policy Terms ,
Property Insurance ,
Real Estate Market ,
Severe Weather ,
Summary Judgment ,
Water Damage
Property insurance policies typically require that, once an insured suffers a loss, the insured report the loss to the insurance carrier promptly. The purpose of such a provision is to allow an insurer to investigate a claim...more
As we have written about before on this blog, the water damage caused by Hurricane Sandy in October 2012 gave rise to important questions concerning the applicability of so-called “anti-concurrent causation” clauses. Such was...more
12/5/2016
/ Anti-Concurrent Causation Clauses ,
Denial of Insurance Coverage ,
Flood Insurance ,
Hurricane Sandy ,
Insurance Industry ,
Insurance Litigation ,
Natural Disasters ,
Policy Terms ,
Property Insurance ,
Severe Weather ,
Summary Judgment
Courts across the country (and particularly since Super Storm Sandy in 2012) have consistently held that, in litigation involving a dispute concerning the investigation, adjustment, or payment of a flood claim under the...more
8/2/2016
/ Breach of Contract ,
Cause of Action Accrual ,
Denial of Insurance Coverage ,
Flood Insurance ,
Flooding ,
Fraud ,
Hurricane Sandy ,
Insurance Industry ,
Insurance Litigation ,
Misrepresentation ,
National Flood Insurance Program ,
Natural Disasters ,
Policy Limits ,
Property Damage ,
Property Insurance ,
Severe Weather ,
Summary Judgment
In determining whether or not to provide insurance to a particular applicant, one thing that insurance companies typically rely on is the insurance application submitted by the prospective insured. The application is designed...more
Disputes involving “vacancy” exclusions typically involve the appropriate definition of that word. The recently-decided case of Lui v. Essex Ins. Co., 2016 Wash. LEXIS 692 (Wash. June 9, 2016) presents a somewhat different...more
6/28/2016
/ Ambiguous ,
Apartments ,
Denial of Insurance Coverage ,
Insurance Industry ,
Insurance Litigation ,
Property Damage ,
Property Insurance ,
Real Estate Market ,
Scope of Coverage ,
Summary Judgment ,
Vacancy Clause ,
WA Supreme Court ,
Water Damage
Readers of this blog may note that we have previously discussed the topic of anti-concurrent causation clauses in various jurisdictions around the country. As a quick reminder, an anti-concurrent causation clause is that...more