News & Analysis as of

Liability Property Damage

Stark & Stark

Tragic House Fire and Explosions in Trenton, NJ: What You Need to Know

Stark & Stark on

In the early hours of Wednesday, April 30, 2025, a devastating house fire in Trenton, New Jersey, left five people injured and caused nearby evacuations after loud explosions were heard from the scene. The fire and subsequent...more

J.S. Held

Proper Collection, Handling, Storage & Disposal of Physical Evidence (Second Edition)

J.S. Held on

Regardless of the specific cause of property damage—whether it be vehicle impact, structural collapse, construction defects, equipment failures, fire or explosion, hail, lightning, storms, animal activity, or water...more

White and Williams LLP

California Clarifies Basis for Inverse Condemnation Claims

Inverse condemnation is a legal theory that is not common in the subrogation industry. However, when dealing with a loss where property damage is the result of action by a public entity, it is a claim that may be available....more

Marshall Dennehey

Fifth District Court of Appeal Rules Insurance Benefit Assignment to Roofing Contractor Invalid Under Florida Statute § 627.7152.

Marshall Dennehey on

Holding Insurance Companies Accountable, LLC v. Leonard Caruso v. American Integrity Insurance Company of Florida, Fla. 5th DCA, No. 5D2023-2810, January 3, 2025 - The homeowner reported roof damage to his homeowners...more

Clark Hill PLC

Ohio Dram Shop Update: Knowledge of Noticeable Intoxication Required for Liability Under Ohio Dram Shop Act

Clark Hill PLC on

On March 3, the Ohio Court of Appeals for Stark County held that actual knowledge of intoxication is a necessary component in maintaining a claim for relief under Ohio’s Dram Shop Act....more

JUSTICENTER

Is It Possible to File a Claim Without a Police Report in California?

JUSTICENTER on

If you’ve been involved in a car accident in California, you may be wondering whether a police report is necessary to file an insurance claim. California law does not require a police report to file a claim. However, having a...more

Rodemer Kane Attorneys at Law

What to Do When Your Car Is Totaled in an Accident That Wasn’t Your Fault

Car accidents can be a very stressful experience, and there is nothing more frustrating than the aftermath of having your car totaled, and you’re not at fault. The process can feel overwhelming, especially when dealing with...more

Nossaman LLP

Water Agencies Beware: Disproportionate Damage From Water Delivery May Create Inverse Condemnation Liability

Nossaman LLP on

When water agencies provide water to customers, and that water causes damage to customer property, can water agencies face inverse condemnation liability?  For quite some time, inverse condemnation liability appeared to be...more

Searcy Denney Scarola Barnhart & Shipley

Florida Wildlife and Road Safety: What to Do If an Animal Causes an Accident

Florida’s rich and diverse ecosystems are home to a wide range of wildlife, from deer and raccoons to alligators and bears. While this diversity is one of the state’s most cherished assets, it also poses a unique challenge...more

JUSTICENTER

Basic Personal Injury Settlement Breakdown: How Much Goes in My Pocket?

JUSTICENTER on

Getting a personal injury settlement can feel like a huge relief after an accident. But many people wonder, “How much of this settlement will I actually get?” Understanding how settlements are broken down can help you know...more

Conn Kavanaugh

First Circuit Rules on Important Coverage Issue for Contractors.

Conn Kavanaugh on

First Circuit Court of Appeals Rules That Standard Commercial General Liability Policy Excludes Coverage for Downstream Property Damage When General Contractor’s Scope of Work Covers Entire Building - It is well-accepted...more

Cozen O'Connor

Troung v. Sanders: Matter of First Impression by the Louisiana Circuit Court of Appeals on “Betterment Deductions” in Third-Party...

Cozen O'Connor on

In December 2024, the Louisiana Second Circuit Court of Appeals rendered a significant opinion in Troung v. Sanders, et al., addressing the contentious issue of “betterment deductions” in third- party property damage claims....more

Ward and Smith, P.A.

Your Neighbor's Water Caused Damage to Your Property: Who Bears Legal Responsibility?

Ward and Smith, P.A. on

Over the last several years, the frequency and intensity of rain and other natural disaster events have increasingly impacted both business and individual property owners across North Carolina in a variety of ways....more

White and Williams LLP

Oh, THAT Contract: Ohio Court Bars Plaintiff’s Negligence Claim Based on Subrogation Waiver and Accelerated Limitations Period in...

In Ohio Sec. Ins. Co v. Brakefire, Inc., CA. No. 5:24-cv-267, 2024 U.S. Dist. LEXIS 97606 (Brakefire), the United States District Court for the Northern District of Ohio considered whether a subrogating plaintiff’s negligence...more

K&L Gates LLP

Extreme Weather and Natural Disasters - Insurance Tips for Commercial Policyholders

K&L Gates LLP on

Storms and hurricanes, isolated but powerful tornados, earthquakes, fires, and floods—the question is not whether, but where and when policyholders will confront the next natural disaster. Climate change is clearly having an...more

J.S. Held

Exploring Wood-Framed Roof Collapses: Causation and Identifying Responsible Parties

J.S. Held on

AN OVERVIEW OF THE CAUSES OF ROOF FAILURE - Collapses of wood-framed roofs are frequently reported in North America, ranging from simple agricultural roofs to complex roofs in industrial buildings. Controllable factors...more

Goldberg Segalla

NY Court of Appeals Rejects Claim that COVID-19 Caused Physical Loss or Damage to Property

Goldberg Segalla on

On January 10, 2024, the New York State Court of Appeals – the state’s highest court – heard oral argument on an insurance coverage dispute for plaintiff Consolidated Restaurant Operations’ (CRO) business interruption claim...more

Hinckley Allen

Contractors, Beware: General Liability Insurers Wrongfully Denying Claims for Damage Caused by Defective Subcontractor Work

Hinckley Allen on

As a contractor, you are familiar with working together with subcontractors — delegating project scope as part of the overall job. However, when a subcontractor’s work is defective, who is liable for the damage?...more

Marshall Dennehey

Superior Court of Pennsylvania Affirms Trial Court’s Refusal to Open the Judgment of Non Pros Against Plaintiff

Marshall Dennehey on

Atuahene v. Agondanou, Slip Copy, 2023 WL 2808476 - The plaintiff filed a claim for property damage to her vehicle four years after the date of the accident. The arbitration panel dismissed her claim based on the two-year...more

Cozen O'Connor

Southern District of Texas Holds that Appraisal Award is Inconclusive of Whether a Loss is Covered

Cozen O'Connor on

The Southern District of Texas recently held that an appraisal award did not establish liability for a covered loss under the policy. In Hoff v. Meridian Sec. Ins. Co., 2023 WL 5192013 (S.D. Tex. Aug. 11, 2023), Meridian...more

Proskauer - Labor Relations Update

Supreme Court Decision Cements Employers’ Ability to Sue for Strike Destruction

In an 8-1 decision announced Thursday in Glacier Northwest, Inc. v. Int’l Bhd. of Teamsters Local Union No. 174, U.S., No. 21-1449, 6/1/23, the Supreme Court ruled that an employer’s tort claims alleging that a union...more

Foley & Lardner LLP

Public Nuisance Claims: Altria’s Vaping Trial Highlights Potential Expansion

Foley & Lardner LLP on

The recent trial in a case now settled highlights the potential expansion of public nuisance claims under California law, and in large-scale public nuisance actions more broadly. On April 24, 2023, opening arguments...more

Amundsen Davis LLC

Backyard Event Rentals: Problems Posed for Homeowner Associations

Amundsen Davis LLC on

Homeowners may wish to engage in backyard event rentals to earn supplemental income. For example, some homeowners may rent out their pool and backyard space for parties. While this might seem like a clever opportunity for...more

Hendershot Cowart P.C.

Subrogation Defense for Contractors: What to Do When an Insurance Carrier Sues You

Hendershot Cowart P.C. on

A homeowner or property owner (your client or customer) files a claim with their homeowners or property insurance for damage. The insurance company then comes after you, alleging it was a construction or design defect that...more

Gray Reed

Blame the Parents: Liability for Children’s Torts

Gray Reed on

Andy Taylor’s seven-year-old son, Opie, discovers the fireworks that his father had purchased for Independence Day. He begins shooting them in a field behind their house. But Opie fails to extinguish one of the matches, which...more

36 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide