News & Analysis as of

Property Damage

Cozen O'Connor

Court Differentiates Vandalism from Theft in First Party Insurance Policy

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The United States District Court for the Western District of Washington decided an insurance coverage case involving Plaintiffs Benny and Guangying Cheung and Defendant Allstate Vehicle and Property Insurance Company. Cheung...more

Butler Weihmuller Katz Craig LLP

One Or More Accidents Or Occurrences – That Is The Question – REDUX

Several years ago, I published a blog regarding the number of occurrences triggered under a liability policy for a motor vehicle accident in Florida. Other states also addressed this issue. Recently, the Federal District...more

Nossaman LLP

Deadline Approaching for California Hospitals to Meet Seismic Requirements

Nossaman LLP on

On January 17, 1994, a 6.7 magnitude earthquake struck Northridge, California, resulting in thousands of casualties and approximately $60 billion in damages and economic loss. Hospitals within the impacted area suffered...more

Cozen O'Connor

Court Finds No Coverage for Loss Caused by Water Back Up Through a Storm Drain

Cozen O'Connor on

In Carrico v. Stillwater Ins. Co., 23-CV-349-RAJ, 2024 WL 308106 (W.D. Wash. Jan. 26, 2024), the Western District of Washington considered competing motions for partial summary judgment in a property damage case involving a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Diversion/Alleged Land Alteration: Adjacent Landowner Files Pulaski County, Arkansas, Circuit Court Action Against...

Two individuals filed individually and as Trustees of a Joint Revocable Trust (collectively, “Plaintiffs”) a Verified Complaint in the Circuit Court of Pulaski County, Arkansas, on February 23rd against Billy Stain...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

Chartwell Law

Florida Courts Diverge on Presumption of Prejudice and Late Notice

Chartwell Law on

On January 3, 2024, the Third DCA issued an opinion in Mario Arce et.al. vs. Citizens Property Insurance Corporation, 3D22-0722 (Fla. 3d DCA 2024), expressly disagreeing with the Fourth DCA on whether late notice provided by...more

Cozen O'Connor

Claims Notes

Cozen O'Connor on

New York Department of Financial Services (DFS) is concerned that AI’s self-learning behavior increases the risks of unlawful or unfair discrimination. DFS will audit insurers’ use of AI. Such insurers need to maintain...more

Rivkin Radler LLP

Insurance Update - February 23, 2024

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In this month’s insurance update, we address: •Whether opioid suits allege an occurrence - •Whether the recurring presence of wild turkeys is “infestation” - •Whether improper copying of an industry publication was in...more

StoneTurn

Risk Awareness and Mitigation in Disaster Recovery: After a Catastrophe

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Natural disasters, while undoubtedly disruptive and damaging, can serve as powerful catalysts for organizational transformation if approached with foresight and strategic intent. As we’ve explored, successful post-disaster...more

White and Williams LLP

Stop Suing Yourself: A Brief Discussion on the Anti-Subrogation Rule

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The newest episode of the Subro Sessions podcast is out now. This episode is entitled, “Stop Suing Yourself: A Brief Discussion on the Anti-Subrogation Rule” and is hosted by Gus Sara, Partner, and Katherine Dempsey,...more

J.S. Held

2024 J.S. Held Global Risk Report: Weather and Natural Disasters

J.S. Held on

The growing frequency and ferocity of major weather events and natural disasters have pushed the climate change discussion to the forefront of governments and businesses. Droughts, floods, wildfires, earthquakes, and volcanic...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

Butler Weihmuller Katz Craig LLP

Putting the Cart Before the Horse: The New Florida Appraisal Landscape

As a dispute-resolution mechanism, appraisal can be an effective means of resolving a valuation dispute between an insurer and its policyholder. Appraisal provisions may include language that allows an insurer to deny a claim...more

Cozen O'Connor

The End of a "Forever War"?: Texas Supreme Court Answers Certified Question Concerning Appraisal

Cozen O'Connor on

In Rodriguez v. Safeco Ins. Co. of Ind. the Texas Supreme Court addressed a key issue concerning appraisal that was dividing lower Texas state courts and Texas federal district courts. The United States Court of Appeal for...more

Cozen O'Connor

Court Finds Policy Term, “Windstorm,” to be Ambiguous in Coverage Dispute Involving Tornado

Cozen O'Connor on

In Mankoff v. Privilege Underwriters Reciprocal Exchange (2024 WL 322297 (Tex. App.—Dallas Jan. 29, 2024)), the Court determined that the term “windstorm” was ambiguous as utilized in the subject insurance policy....more

Carlton Fields

Court Holds Federal Law Governs FAA Arbitration Dispute Related to Surplus Lines Insurance Contract, Compels Arbitration Under...

Carlton Fields on

Harbor Homeowner’s Association Inc. sued its insurers in Louisiana state court seeking to recover damages allegedly caused by the insurers’ failure to pay claims related to Hurricane Ida. The insurers removed to federal...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

Oliva Gibbs LLP

Sometimes Just Having Insurance Is Not Enough – The Importance of Timely Notice

Oliva Gibbs LLP on

A recent holding by the Southern District of Texas – Houston Division relieved Great American Assurance Co. of its duty to defend or indemnify its insured, Apache Industrial Services, finding that Apache’s two-year delay in...more

Farrell Fritz, P.C.

Disclosure Revolution: Legislation Makes Property Condition Disclosure Statements Mandatory, Adding Flood Risks, and Waving...

Farrell Fritz, P.C. on

On September 22, 2023, Governor Kathy Hochul signed legislation (A.1967/S.5400) amending the Property Condition Disclosure Act (“PCDA”), which effectively eliminates a seller’s option to provide a residential homebuyer with a...more

Marshall Dennehey

Florida Court of Appeals Maintains Its Position on the Presumption of Prejudice as to Untimely Notice.

Marshall Dennehey on

Arce v. Citizens Property Insurance Company, 3D22-0722 - The trial court granted the defendant’s motion for summary judgment by applying the presumption of prejudice in a case where the insureds submitted a claim for...more

Adams and Reese LLP

Operation Litigation: Top Tips if Your Business is Threatened with a Lawsuit

Adams and Reese LLP on

We continue to provide legal resources for our military veterans returning to the workplace in our monthly “Vets to Ventures” series. Previously, we have discussed how skills acquired in the military translate into becoming a...more

Lasher Holzapfel Sperry & Ebberson PLLC

Do I Have a Claim Against my Contractor? Prelitigation Notice Requirements for Residential Defect Claims in Washington

When faced with a residential construction defect problem—such as water intrusion, poor workmanship, or material/design deficiencies—Washington homeowners are often left wondering whether they have a claim, who is at fault...more

Hogan Lovells

UK Court of Appeal: Service charge not payable for litigation costs

Hogan Lovells on

In 89 Holland Park (Management) Limited v Dell & Dell, the largest ever UK residential service charge dispute, the Court of Appeal has refused to allow a landlord to recover the legal costs of a dispute with its neighbour...more

Adams and Reese LLP

FEMA Rule Changes Target Flexible, Faster Access to Disaster Relief Benefits

Adams and Reese LLP on

Starting March 22, 2024, FEMA will implement new rules intended to provide quicker and more straightforward access to disaster relief for individuals. In summary, the major changes are: Homeowners with inadequate...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

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Links to Other Websites

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Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

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California Privacy Rights

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You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

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Changes in Our Privacy Policy

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Contacting JD Supra

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How We Use Cookies and Other Tracking Technologies

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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