News & Analysis as of

Property Insurance Vacant Properties

Allen Matkins

Sustainable Development and Land Use Update - 6.12.23

Allen Matkins on

After a three-judge panel ruled that cities do not have the authority to ban the installation of natural gas equipment in newly constructed buildings, Berkeley is now asking for a do-over. Berkeley City Attorney Farimah Faiz...more

Cozen O'Connor

Summary Judgment May Be Appropriate When Insured Fails to Take Reasonable Measures to Prevent Property Damage

Cozen O'Connor on

Many first party property insurance policies exclude claims for water damage that occurs when the insured premises is left vacant or unoccupied, unless the insured has used reasonable care to prevent such losses. In...more

Cozen O'Connor

Minnesota Harmonizes the Mortgage Clause and the Vacancy Clause

Cozen O'Connor on

Lat week, Minnesota’s highest court unanimously held that a mortgagee’s recovery for vandalism damage to a vacant building is only barred by the vacancy clause if the insured’s acts caused the vacancy. The decision is ...more

Cozen O'Connor

Utah Court: Seepage Over A Months-Long Period Is Excluded As Moral Hazard

Cozen O'Connor on

Two weeks ago in Wheeler v. Allstate Ins. Co., 2015 WL 5714392, 2015 U.S. Dist. LEXIS 131736 (C.D.Utah, Sep. 29, 2015), a Utah court barred coverage for a mold loss caused when a vacant log cabin suffered a long-term water...more

Cozen O'Connor

Tennessee Court Weighs in on Whether Arson is a Species of Vandalism and Malicious Mischief

Cozen O'Connor on

Last month in what was a case of first impression in Tennessee, a unanimous panel of the state’s intermediate level appellate court joined those jurisdictions that have concluded that arson does not constitute a type of...more

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