Although we cover a wide variety of topics and issues on this blog, one issue that recurs with some frequency is the appropriate application of suit limitation provisions that are found in most property policies. ...more
Nearly five years after Superstorm Sandy, some consistent themes are beginning to emerge from the increasingly robust body of property coverage case law related to the storm. A recent decision from the Eastern District of New...more
The Connecticut Supreme Court recently handed down an important decision reiterating the high bar to overturning arbitration awards while, at the same time, clarifying a portion of the applicable statute providing for...more
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
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
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
When Super Storm Sandy struck the Northeast on October 29, 2012, states, cities, municipalities and towns up and down the East Coast ordered hundreds of thousands of people to evacuate from their homes and businesses. ...more
In insurance litigation, insureds often argue that, if a provision in an insurance policy is found to be ambiguous, that ambiguity should be resolved in favor of the insured, and against the insurer that drafted the contract,...more