News & Analysis as of

Construction Defects Real Estate Market Property Damage

Cozen O'Connor

Ensuing Loss Clause Does Not Create Coverage for “Collapse” Inseparable from Damage Caused by Excluded Perils

Cozen O'Connor on

     In Jowite Limited Partnership v. Federal Insurance Company, the United States District Court for the District of Maryland issued a rare opinion addressing whether “collapse” is a covered “ensuing loss” under an all-risks...more

Butler Weihmuller Katz Craig LLP

Heads I win, Tails You Lose: Southern Owners Insurance Company v. MAC Contractors

On July 29, 2020, the Eleventh Circuit Court of Appeals issued its opinion in Southern Owners Ins. Co. v. MAC Contractors, of Fla., LLC, --- Fed. Appx. ---, 2020 WL 4345199 (11th Cir. July 29, 2020).  While claiming to follow...more

Carlton Fields

Connecticut Supreme Court Fortifies Crumbling Foundation Claim Denials in Trio of Insurer Victories

Carlton Fields on

A year ago, we wrote about a rapidly emerging area of insurance litigation in Connecticut: crumbling foundations. As a quick recap, tens of thousands of homes in northeastern Connecticut built over a span of more than 30...more

Carlton Fields

Court Enforces Policy’s Crumbling Foundation Plain Language in Dismissing Claims Against Insurers

Carlton Fields on

A federal judge in Connecticut recently dismissed claims against insurers related to their denial of a claim by two homeowners whose home’s foundation was crumbling. The case, Hyde v. Allstate Ins. Co., No. 3:18-cv-00031 (D....more

Troutman Pepper

Applying Florida’s “Eight Corners Rule,” Eleventh Circuit Finds that Insurer Has a Duty to Defend Claim That Insured’s Faulty...

Troutman Pepper on

Addison Ins. Co. v. 4000 Island Blvd. Condo. Ass’n, 2017 U.S. App. LEXIS 26870 (11th Cir. Dec. 28, 2017) - The owner of a high-rise condominium building in Florida hired a contractor to replace the building’s concrete...more

Manatt, Phelps & Phillips, LLP

Restrictions on Condominium Conversions

Now that the recession is beginning to become a memory of the past, the demand for housing is on the rise, and with it is the explosive interest in the multifamily market. As more Americans are choosing to marry later and...more

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