News & Analysis as of

Property Damage

Update: Texas Supreme Court Issues New Opinion in Menchaca Bad Faith Case

by White and Williams LLP on

On April 13, 2018, the Texas Supreme Court issued its highly-anticipated decision on rehearing in USAA Tex. Lloyds Co. v. Menchaca, 2018 Tex. LEXIS 313 (Tex. Apr. 13, 2018). This replaced an earlier opinion dated April 7,...more

Texas Supreme Court to Rehear Menchaca Bad Faith Case

by White and Williams LLP on

On December 15th, the Texas Supreme Court agreed to revisit its April 7, 2017 decision in USAA Texas Lloyds Co. v. Menchaca, No. 14-0721, a “bad faith” case arising out of Hurricane Ike damage, in which the court held that a...more

Vacancy Exclusion: Eleventh Circuit (Florida) Weighs In On “Dwelling Being Constructed” Exception

Vacancy exclusions are commonplace in many homeowner policies, and typically exclude coverage for certain types of losses if the home is vacant and/or unoccupied. Litigation involving vacancy exclusions can arise when terms...more

Crumbling for Coverage?: Recent Ninth Circuit Opinion Relies on Washington Supreme Court’s Definition of “Collapse” in Declaratory...

On May 9, 2018, in an unpublished opinion, the Ninth Circuit held that the proverbial London Bridge should be near collapse for an insured owner to successfully obtain insurance coverage for same. In American Economy...more

The Tenth Circuit’s Prediction: New York State Likely to Follow Trend Recognizing Damages Caused by Subcontractor’s Faulty Work is...

by K&L Gates LLP on

The United States Court of Appeals, Tenth Circuit recently issued a favorable decision for policyholders finding property damage arising from a subcontractor’s faulty work arose from an accidental “occurrence” under New York...more

Defence + Indemnity: April 2018 - I. Insurance Issues A.

by Field Law on

I. INSURANCE ISSUES - A. An Insured has no obligation to include an Insurer’s subrogated claim in an action to recover losses in excess of its insurance coverage. Tree-Techol Tree Technology and Research Co. v Via Rail...more

After a Car Accident

by Howard Ankin on

The steps taken in the minutes, days, and weeks following a crash can have a significant impact on the success of an accident claim. Myths and misinformation about car insurance companies, tort laws, and other auto accident...more

West Coast Real Estate Update - May 2018

by Holland & Knight LLP on

New Rules on the Horizon to Reduce Emissions and Improve Air Quality - Facing pressure to meet federal clean air standards, California's South Coast Air Quality Management District (SCAQMD) voted 7-6 to direct staff to...more

Washington District Court Addresses Insured’s Right To “All Risk” Coverage When A Loss Is Not Fortuitous

In Mkt. Place North Condo. Ass’n v. Affiliated FM Ins. Co., No. C17-625 RSM, 2018 U.S. Dist. Lexis 76724 (W.D. Wash. May 7, 2018), the United Stated District Court for the Western District of Washington found in favor of...more

Thorough Employer Investigation Helps Establish Employer’s “Honest Belief” of Employees’ Picket Line Misconduct

The Board is now operating at a full complement and is issuing decisions on a fairly regular basis. Nothing earth shattering in terms of law (which is kind of a relief) but there are some interesting issues worth discussing....more

Deck Safety at Home: Better Safe Than Sorry

May is Deck Safety Month, and the North American Decking and Railing Association, or NADRA, is busy spreading the word about the care and maintenance of those enjoyable outdoor spaces that, in recent years, have turned out to...more

Connecticut Supreme Court Holds That Landlord’s Insurer Can Pursue Equitable Subrogation If Lease Requires Tenant Have Insurance...

by White and Williams LLP on

In Amica Mutual Insurance Company v. Muldowney, 328 Conn. 428 (2018), the Connecticut Supreme Court considered whether a landlord’s insurance carrier could subrogate against the landlord’s tenants for property damage when the...more

Fifth DCA Strikes Blow To Popular Policy Exclusion

The Fifth District Court of Appeal recently issued a decision that will likely force homeowners insurance carriers to rewrite one of their stalwart policy exclusions that pertains to “constant or repeated seepage or leakage”...more

Calif. Landslides Prompt 'Efficient Proximate Cause' Rehash

by Zelle LLP on

Mother Nature recently reminded California, as she often does, of how cruel she can be. In December 2017, the state experienced its largest wildfire in history. The wildfire, known as the Thomas Fire, burned more than 281,000...more

Neighbor v. Neighbor

When your neighbor breaches the proprietary lease, can you successfully sue him? The question of whether a shareholder was a “third-party beneficiary” of the lease between her upstairs neighbor and the cooperative was at the...more

Summary Judgment Rulings On Duty And Causation Elements Taco Truck And Apartment Fire Cases

by Low, Ball & Lynch on

Travis Sakai v. Massco Investments, LLC - Court of Appeal, Second Appellate District (February 8, 2018) - Taco Truck Case re: Duty - Defendant Massco Investments LLC (Massco) owned a gas station with a parking lot...more

Hurricane Harvey Flooding Continues to Muddy the Waters

by Zelle LLP on

As Texas continues to rebuild in the aftermath of Hurricane Harvey, the extent of the damage Harvey left in its wake is just now being realized. To date, private insurers have seen more than 670,000 property insurance claims...more

The Eleventh Circuit Strengthens the Third District Court of Appeal's Decision in Cheetham: Know Thy Policy Terms

In Cameron v. Scottsdale Insurance Company, No. 17-11907, 2018 WL 1791889, at *1 (11th Cir. Apr. 16, 2018), the Eleventh Circuit vacated the lower court’s grant of summary judgment in favor of the insurer and relied on...more

California Supreme Court Declines to Defer to Department of Insurance, Finds Self-Storage Protection Plan Not Regulated Insurance

• The California Supreme Court clarifies application of the “principal object and purpose” test, finding that a self-storage operator’s indemnification plans are not subject to regulation under the Insurance Code. •...more

Contractor Denied Insurance Coverage for Delay, Contract, and Property Damage Claims

A recent decision from the Northern District of Ohio denied insurance coverage for claims involving construction delays, breach of contract, and property damage claims. See Maxum Indemnity Co. v. The Robbins Co., No. 1:17 CV...more

Changes to the Earthquake Commission scheme

by DLA Piper on

Changes to the Earthquake Commission Act 1993 (the Act) were announced by the Minister responsible for the Earthquake Commission (EQC), Dr Megan Woods, on 20 March 2018. The changes follow Government reforms introduced in...more

Court Of Appeals Upholds Impactful Decision In The Gilbane Case

As we wrote in April 2017, the case of Gilbane Bldg. Co./TDX Constr. Corp., v. St. Paul Fire & Mar. Ins. has become the harbinger of the insurance world in regard to the effectiveness of an additional insured endorsement. On...more

What is the Average Settlement of a Truck Accident Case?

by The Roth Firm on

Commercial Trucks are substantially larger and heavier than regular motor vehicles, therefore when a truck is involved in an accident with a car, the outcome can devastating. Due to the size of the large tractor trailers,...more

Florida Court Rules Against Insurer on Seepage/Leakage Exclusion

Florida first-party property insurers have seen a dramatic rise in the number of reported water loss claims over the past five years. ...more

New York’s Highest Court Rejects ‘Unavailability of Insurance Exception’ Under ‘Pro Rata Time on the Risk Allocation’

by Carlton Fields on

On March 27, the New York Court of Appeals unanimously ruled that under a “pro rata time on the risk allocation,” insurers are not liable for years outside their policy periods when there was no insurance available to the...more

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