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Water Damage Insurance Industry Insurance Claims

Rivkin Radler LLP

August 2024 New York Insurance Coverage Law Update

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Merchants Preferred Insurance Company filed a declaratory judgment action in New York seeking a declaration that it had no duty to defend or to indemnify its insureds in an underlying Florida personal injury action arising...more

Marshall Dennehey

Fifth District Court of Appeals Overturned Trial Court’s Dismissal of Insured’s Complaint as the Policy’s Loss Payment Provision...

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Aymee Taylor v. State Farm Florida Insurance Company, 5D23-0243 (5th Fla. DCA, Apr. 12, 2024) - The insured suffered water damage caused by a overflowing sink. State Farm covered the loss, and the parties participated in the...more

White and Williams LLP

Water Losses 101: A Discussion of Common Causes of Water Losses and How to Investigate them – Part 2

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The newest episode of the Subro Sessions podcast, is hosted by Gus Sara, Partner, and Michael DeBona, Counsel, who are joined by guest J. Pablo Ross, PE, of Ross Engineering. The episode, entitled “Water Losses 101: A...more

Robinson+Cole Construction Law Zone

Water Alone is Not Property Damage Under a CGL Policy in Connecticut

The Connecticut Appellate Court recently provided guidance on what does not constitute property damage under a typical contractor’s Commercial General Liability (CGL) insurance policy in Westchester Modular Homes of Fairfield...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - June 2024

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The parent of an infant sued Kim Eichle for Eichle’s alleged negligence in serving alcohol to her houseguest, Jacob Russo, who allegedly assaulted the infant, and for negligence in failing to keep the sidewalk at her...more

White and Williams LLP

Getting Control of an Accident Scene and Ensuring Evidence is Preserved

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The newest episode of the Subro Sessions podcast, hosted by associates, Ryan Bennett and Melissa Kenney, is entitled “Getting Control of an Accident Scene and Ensuring Evidence is Preserved.” Ryan and Melissa discuss fire...more

Davidoff Hutcher & Citron LLP

Leaks & Water Damage in Co-ops: 4 Questions to Determine Who is Responsible for Repairs

1. If a Leak Destroys an Apartment, is a Co-Op Board Responsible for the Repairs? In the event of a fire, water, or other damage, almost every proprietary lease has boilerplate language on who is responsible for certain...more

J.S. Held

How to Handle Complex Ports and Terminals Business Interruption Insurance Claims

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Ports and terminals serve as the primary infrastructure for movement of goods and commodities in and out of a country and therefore play a vital role in global trade. As well as facilitating trade, ports and terminals also...more

Baker Donelson

Does Your Water Damage Sublimit Really Limit Your Water Damages? It Depends...

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On June 29, 2022, Florida's Fourth District Court of Appeal issued a favorable decision for insurers, but on its face, the decision may seem to conflict with Fifth District law....more

Locke Lord LLP

May 2022 Property Insurance Law Updates

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Issues to Watch - 1. Causation—What is an insured’s burden when the claimed loss involves a mix of covered and non-covered causes? Overstreet v. Allstate Vehicle & Prop. Ins. Co., No. 21-10462, 2022 WL 1579278 (5th Cir....more

Fox Rothschild LLP

Opinion Involving ‘Roof’ Provides Reminder On Documenting Insurance Claims

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Does a tarp installed on top of a hotel's existing roof constitute part of the "roof" under the insured’s policy? Perhaps, according to Judge Wendy Beetlestone of the U.S. District Court for the Eastern District of...more

Holland & Knight LLP

Florida Appeals Court Allows Assignment of Benefit Restrictions in Homeowner Policies - Ruling Sets Up Conflict with Earlier...

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Florida's Fourth District Court of Appeal (DCA) ruled on Sept. 5, 2018, that an insurer's anti-assignment provision was not prohibited. The Court disagreed with the Fifth DCA's decision in December 2017 prohibiting any such...more

Butler Weihmuller Katz Craig LLP

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

Butler Weihmuller Katz Craig LLP

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

Robinson+Cole Property Insurance Coverage...

The Protective Safeguards—Heat Maintained Endorsement Means What it Says: Eastern District of New York Grants Summary Judgment...

Typical first party property policies include provisions that address failure to maintain heat as excluded losses. The Eastern District of New York recently analyzed a specific endorsement requiring that heat be maintained at...more

Butler Weihmuller Katz Craig LLP

Contingency Fee Multipliers: Florida Supreme Court Rejects Rare and Exceptional Circumstances Requirement

Contingency fee multipliers increase attorney fee awards substantially. The general custom in American law is that each party is responsible for his or her own attorney’s fees, regardless of the outcome of the action. See...more

Butler Weihmuller Katz Craig LLP

Federal Judge finds post loss assignment of benefits proper under Pennsylvania law

In a recent opinion, Judge Schmehl of the Eastern District of Pennsylvania denied a forced placed insurer’s Motion to Dismiss a suit brought by the assignee of a homeowner for water damage to the home. In Williams v....more

Butler Weihmuller Katz Craig LLP

Alabama and Mississippi Insurance Law Questions Following Hurricane Nate

Hurricane Nate made landfall on the Mississippi Gulf Coast near the city of Biloxi on Sunday, October 8, 2017, as a Category 1 Hurricane. The eastern quadrant of the storm’s center also passed over significant portions of...more

Butler Weihmuller Katz Craig LLP

Adjuster Tools for Water Losses

Lois Chamberlain sat down at her desk, adjusted her reading glasses, and stared at the screen filled with columns of check requests — each supported by a claim summary. Lois was two weeks from her retirement party. She...more

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