News & Analysis as of

Property Damage Homeowner's Insurance Real Estate Market

Carlton Fields

Court Enforces Policy’s Crumbling Foundation Plain Language in Dismissing Claims Against Insurers

Carlton Fields on

A federal judge in Connecticut recently dismissed claims against insurers related to their denial of a claim by two homeowners whose home’s foundation was crumbling. The case, Hyde v. Allstate Ins. Co., No. 3:18-cv-00031 (D....more

Carlton Fields

Florida Insurance Commissioner Issues Hurricane Michael Emergency Order

Carlton Fields on

On October 15, 2018, Florida Insurance Commissioner David Altmaier issued an Emergency Order (the "Order") affecting insurers writing insurance in Bay, Calhoun, Franklin, Gadsden, Gulf, Hamilton, Holmes, Jackson, Jefferson,...more

Rumberger | Kirk

Fifth DCA Strikes Blow To Popular Policy Exclusion

Rumberger | Kirk on

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

Robinson+Cole Property Insurance Coverage...

Freezing Exclusion: Third Circuit Affirms District Court’s Grant Of Summary Judgment To Insurer

Many typical homeowner’s insurance policies contain an exclusion for damages as a result of freezing unless the homeowner uses “reasonable care” to maintain heat in the home....more

Rumberger | Kirk

Resolving The Multiple Peril Puzzle In First Party Insurance Claims

Rumberger | Kirk on

First party insurance claims involving multiple perils present unique challenges when assessing whether an insurance policy provides coverage. For example, suppose an insurance policy covers damage resulting from fire, but...more

Robinson+Cole Property Insurance Coverage...

Unequivocal Denial: District of New Jersey Court Outlines What is Not Necessary

We have previously featured New Jersey District Court decisions addressing “unequivocal” denials in the context of policies’ suit limitation provisions. In the latest, Ryan v. Liberty Mut. Fire Ins. Co., No. 14-6308...more

Robinson+Cole Property Insurance Coverage...

District of Connecticut Reaffirms That Definition Of “Collapse” Is Unambiguous

The United States District Court for the District of Connecticut recently reaffirmed its ruling that the term “collapse,” as defined by a homeowners insurance policy, is unambiguous and that the policy in question did not...more

Cozen O'Connor

Wisconsin Supreme Court Narrowly Interprets the “Permanent Property Insurance” Condition in a Builder’s Risk Policy

Cozen O'Connor on

In Fontana Builders, Inc. v. Assurance Company of America, Case No. 2014AP821, 2016 WL 3526408 (Wis. Jun. 29, 2016), the Wisconsin Supreme Court addressed whether the purchase of a homeowner’s policy by the occupiers and...more

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