News & Analysis as of

Property Damage

Ward and Smith, P.A.

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

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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

J.S. Held

A Comprehensive Guide to Substantial Structural Damage: Criteria, Repairs, and Code Compliance

J.S. Held on

Introduction: Substantial Structural Damage and Its Impact on Building Repairs - Substantial structural damage (SSD) is a defined term within the International Code Council (ICC) building code library, which assesses the...more

Marshall Dennehey

Fourth District Court of Appeal Reversed and Remanded a Final Judgment in Favor of the Insureds Where Prompt Notice Was Not...

Marshall Dennehey on

Security First Insurance Company v. Linda Visca and Silvio Visca, No. 4D2023-0961, June 5, 2024 - On February 20, 2020, the defendant was notified of the plaintiffs’ September 10, 2017, Hurricane Irma claim. The policy stated...more

Brooks Pierce

Hurricane Helene Financial Resources for Businesses

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As Hurricane Helene survivors mark one month since the storm hit, and long-term recovery continues in Western North Carolina, this client alert addresses financial resources for businesses. ...more

Adams and Reese LLP

Florida Courts Disagree on Contractor’s License Requirements for Disaster Recovery Tasks

Adams and Reese LLP on

On the heels of a record-breaking three hurricanes making landfall in Florida in 2024 – Debby, Helene, and Milton – disaster recovery is obviously a hot topic as residents and business owners work to recover from the...more

Marshall Dennehey

Ohio Supreme Court Finds that Hidden Damage Discovered After Appraisal Was Completed and Repairs Commenced May Still Be...

Marshall Dennehey on

One Church v. Brotherhood Mut. Ins. Co., 2024-Ohio-1601 - The plaintiff was insured by the defendant insurance company for property damage to its building, which sustained wind damage in a storm on February 24, 2019. The...more

Flaster Greenberg PC

Does the Pennsylvania Supreme Court’s Holding in Ungarean, Represent the End of the War Over Insurance for Covid Losses or Just...

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The Pennsylvania Supreme Court recently rendered its eagerly awaited decision in Ungarean v. CNA et al., declaring that losses resulting from Covid-related governmental closure orders were not covered by business interruption...more

Cozen O'Connor

The Fine Line Between Delay and Bad Faith: Insights from the Fifth Circuit.

Cozen O'Connor on

A prompt response is critical when disaster strikes, but as the Fifth Circuit recently ruled, delays may be excusable in certain circumstances. In First United Pentecostal Church v. Church Mut. Ins. Co., No. 23-30779, 2024 WL...more

Ward and Smith, P.A.

Who Is Responsible for That Fallen Tree?

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In planned communities, the question of responsibility for damage caused by fallen trees is often posed to the owners' association. Although it is not the association's job to play arbiter if a dispute arises between lot...more

Rivkin Radler LLP

October 2024 Insurance Update

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There is a famous scene in The Pink Panther Strikes Again where inspector Clouseau asks a hotel clerk if his dog bites, to which the clerk responds “no.” When Clouseau goes to pet the dog, it viciously bites him on the hand....more

J.S. Held

Understanding Indoor Mold Growth: Estimating Time of Mold Growth

J.S. Held on

Mold growth on surfaces indicates that moisture is, or has been, present in an indoor environment. Direct microscopic examination (by a mycologist) is the primary method to determine whether mold or other fungi have grown on...more

J.S. Held

Appraisal Guidelines for Useful Results (Third Edition)

J.S. Held on

“Appraisal” is a procedure typically mandated by state law or outlined in an insurance policy. Appraisal is a dispute resolution procedure intended to provide insurers and policyholders with a method to award the measurement...more

Pillsbury - Policyholder Pulse blog

Hurricanes Helene and Milton: 8 Key Insurance Coverage Issues Impacting the Availability and Amount of Recovery

In the aftermath of two powerful hurricanes the process of assessing the damage and rebuilding begins. Businesses suffered billions of dollars in losses during hurricanes Helene and Milton, both in physical property damage...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Legal Toolkit for Hurricane Response and Recovery

Hurricanes Helene and Milton have deeply impacted communities across the eastern United States, leaving many individuals and businesses facing significant challenges. In the aftermath of these storms, the legal and governance...more

Jones Day

Maximizing Insurance Recoveries for Hurricane Helene Losses and the Remainder of the 2024 Hurricane Season

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The Situation: On September 26, 2024, Hurricane Helene made landfall and left a path of destruction from the Florida coast through North Carolina, with total insured losses estimated in the tens of billions of dollars....more

Pillsbury - Policyholder Pulse blog

Hurricane Insurance Checklist

The below checklist includes essential considerations and steps to take for property owners and businesses that stand to be affected by hurricanes....more

Pillsbury - Policyholder Pulse blog

Hurricanes Helene and Milton: Insurance Implications

Hurricane Helene struck Florida’s Big Bend region as a category 4 hurricane on September 25, 2024, and continued to move northeast. The storm caused widespread power outages and catastrophic damage across Florida, the...more

Cozen O'Connor

When the Appraisal Says One Thing, But the Policy Says Another: A Florida Insurance Case Study

Cozen O'Connor on

In a recent decision by the U.S. District Court for the Middle District of Florida, Wood v. GeoVera Specialty Insurance Company (2024 WL 3952571), the court affirmed that unambiguous policy limits remain enforceable even when...more

Jones Day

French Supreme Court Sets New Boundary to Liability Toward Third Parties

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The Situation: The French Supreme Court recently considered whether a limitation of liability clause could be enforced against a third party to a contract claiming compensation for a breach of contract that caused it damage....more

McGuireWoods LLP

Tips for Pursuing Insurance Claims and Disaster Relief Funding in North Carolina After Hurricane Helene

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Hurricane Helene made landfall in Florida on September 26, 2024, eventually making its way up to western North Carolina where it caused unprecedented damage. The estimated costs associated with these damages grow daily, with...more

Lathrop GPM

Understanding Business Insurance in the Wake of Hurricane Helene

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Current reports estimate there will be over $5 billion in insured losses from Hurricane Helene, as the devastating hurricane tore through at least six states and has resulted in over 100 deaths since Thursday, September 26,...more

Perkins Coie

Responding to Hurricane Helene: Making Insurance Claims That Get Paid

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Hurricane Helene has carved a path of devastation through the American Southeast, exposing continued shortcomings in local, state, and federal infrastructure and causing harm to both persons and property....more

Kennedys

Pennsylvania Supreme Court finds no coverage for COVID-19 business interruption losses

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In a long-awaited decision, the Pennsylvania Supreme Court ruled in favor of the insurance companies in two appeals involving the availability of business interruption insurance coverage for losses stemming from the COVID-19...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Tips to Preserve and Maximize Insurance Recovery for Your Business Following Hurricane Helene

The immediate days following a major hurricane can be a stressful and confusing time for companies and businesses dealing with storm-related losses. It can also be expensive. Insurance will often help pay for these expenses...more

White and Williams LLP

Crisis Averted! Pennsylvania Supreme Court Joins Other Courts in Finding that Covid-19 Presents No Physical Loss or Damage for...

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Seeking to find some relief from business losses experienced during the COVID-19 pandemic, many businesses turned to their property insurers for coverage for their lost income. A clear national trend emerged among courts...more

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