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Water Damage Insurance Litigation Policy Exclusions

Cozen O'Connor

What Is Reasonable Care for Maintaining Heat in an Unoccupied Home?

Cozen O'Connor on

The New York Supreme Court recently weighed in on what constitutes “reasonable care” to maintain heat in the context of a first-party insurance policy exclusion requiring such reasonable care. In Michael Zimmerman v....more

Cozen O'Connor

Wind Before Storm May Blow Away Flood Exclusions

Cozen O'Connor on

Flood exclusions may not apply when floods are preceded by winds strong enough to independently cause the loss, according to a recent decision issued by the Western District of Louisiana. In Doxey v. Aegis Security Ins. Co.,...more

Rumberger | Kirk

Summary Judgment Win Could Pave the Way for Insurance Carriers to Enforce Water Damage Coverage Limitation Endorsements

Rumberger | Kirk on

Chances are, if you live in Florida, you have seen a billboard or heard an advertisement about water damage or pipe lawsuits.  For some time, insureds have filed claims and lawsuits alleging repair costs that frequently...more

Carlton Fields

Insured’s Leaky “Abrupt” Interpretation of All-Risk Insurance Collapses Under Eleventh Circuit Scrutiny

Carlton Fields on

In S.O. Beach Corp. v. Great American Insurance Company of New York, No. 18-1967 (11th Cir. Oct. 31, 2019), the Eleventh Circuit affirmed the district court’s grant of summary judgment in full to the insurer, finding there...more

Butler Weihmuller Katz Craig LLP

"Slow and Steady" or "Fast and Furious": Repeated Seepage or Leakage Policy Exclusion Prevails

A recent ruling in a U.S. District Court in Missouri may suggest a new path for policy exclusions based on “continuous or repeated seepage or leakage of water.”  The Court rejected the argument that the continuous or repeated...more

Rumberger | Kirk

Fifth DCA Strikes Blow To Popular Policy Exclusion

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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

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 Water Exclusion: New York’s Fourth Department Interprets The Definition of Surface Water

The “Water Damage” exclusion incorporated in many property insurance policies is the subject of much litigation, including the scope and applicability of the “surface water” exclusion to various water damage scenarios....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

Robinson+Cole Property Insurance Coverage...

Broad but not Ambiguous: Eighth Circuit Weighs In On Water Below The Surface Exclusion  

An exclusion in a homeowner’s policy for loss resulting from “water . . . below the surface of the ground” is not limited to naturally occurring water, according to a recent decision of the Eighth Circuit Court of Appeals in...more

Cozen O'Connor

Iowa’s Highest Court: Damage by Rainwater is Damage by Rain

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Last July, we posted that an intermediate level appellate court in Iowa had held that a policy excluding loss “caused by rain” did not bar coverage for loss occasioned by the non-excluded peril of “rainwater.” ...more

Cozen O'Connor

New York’s Highest Court Enforces a Water Damage Exclusion Despite an Ensuing Loss Exception

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In Platek v. Town of Hamberg, et al., 2015 WL 685726, 2015 N.Y. LEXIS 252 (N.Y., Feb. 19, 2015), the New York Court of Appeals held that an exclusion for water below the surface of the ground was unambiguous and operated to...more

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