News & Analysis as of

Property Damage Exclusions

Rivkin Radler LLP

New York Insurance Coverage Law Update - April 27 2023

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The insureds, a country club and motorcycle group, held an annual motorcycle rally. They were sued by two motorcycle riders who were struck by an automobile as the riders and automobile were entering the premises of the club...more

White and Williams LLP

ISO’s Flood Exclusion Amendments and Hurricane Ian Claims

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I understand that it may seem early to be addressing possible coverage issues, under homeowner’s policies, for the devastation in Florida caused by Hurricane Ian. At the moment, those affected are dealing with a major...more

Cozen O'Connor

Intentional Loss Exclusion Could Apply Even to Unintended Damage, Says the Tenth Circuit

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The Tenth Circuit recently held that, under Kansas law, an intentional loss exclusion precludes coverage for damage caused by an intentionally set fire even if the actual resulting damage is unintended. In Taylor et al. v. LM...more

Rivkin Radler LLP

Insurance Update - January 2022

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Cases discussed in our January Insurance Update answer these questions: •A commercial crime policy covers property that the insured “holds for others.” In the context of a phishing scheme, does “hold” mean the insured...more

McGlinchey Stafford

What damages are recoverable for a loan servicer’s failure to completely respond to a Qualified Written Request? - The Bullet...

McGlinchey Stafford on

Ohio- RESPA Actual Damages- Miller v. Bank of New York Mellon, 6th Cir. No. 21-1126, 2021 U.S. App. LEXIS 35755 (Dec. 1, 2021) In this appeal, the Sixth Circuit affirmed the district court’s dismissal of the borrower’s...more

Amundsen Davis LLC

Insurance Coverage For COVID-19 Claims Under D&O Policies

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To date, much of the insurance industry’s focus on the Coronavirus (COVID-19) pandemic has been on business interruption coverage under commercial property insurance policies. There have been numerous lawsuits filed alleging...more

Troutman Pepper

Ninth Circuit Holds That Despite ‘Known Damage’ Exclusion Insurer Had Duty Under Oregon Law to Indemnify and Defend Contractor...

Troutman Pepper on

Alkemade v. Quanta Indem. Co., 2017 U.S. App. LEXIS 6896 (9th Cir. Apr. 20, 2017) - In 1994, Adrianus and Rachelle Alkemade (the “Alkemades”) bought a house from Meltebeke Built Paradise Homes (“Meltebeke”). The home was...more

Cozen O'Connor

Reflections on Low-E Glass vs. Vinyl Siding

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From luxury vehicles melting on the streets of London to sunbathers being attacked by a “death ray” at a Las Vegas pool, splashy news reports highlight unanticipated hazards associated with the use of low-e glass in new...more

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