Smaller Hail May Be More Damaging to Roofs Than Once Believed, Study Shows

William Rabb | Claims Journal A study by the Insurance Institute for Business and Home Safety found roof damage from smaller hailstones may be much more significant than previously believed. It’s a finding that one plaintiffs’ lawyer has already cited as potential support for roof claims. “This data challenges long-standing opinions by insurance company experts… Continue reading Smaller Hail May Be More Damaging to Roofs Than Once Believed, Study Shows

No Coverage for Faulty Installation of Windows

Tred R. Eyerly | Insurance Law Hawaii     The federal district court granted summary judgment to the insurer, agreeing there was no “occurrence” nor “property damage” resulting from the faulty installation of windows. Employers Mut. Casualty Co. v. Knipp Equipment Inc., 2025 U.S. Dis. 24400 (D. Kan. Feb. 11, 2025).     Edwards County and… Continue reading No Coverage for Faulty Installation of Windows

California Clarifies Basis for Inverse Condemnation Claims

Lian Skaf | White and Williams Inverse condemnation is a legal theory that is not common in the subrogation industry. However, when dealing with a loss where property damage is the result of action by a public entity, it is a claim that may be available. While there are distinct considerations with raising an inverse… Continue reading California Clarifies Basis for Inverse Condemnation Claims

Seventh Circuit Finds Allegations of Occurrence and Property Damage Require a Defense

Tred R. Eyerly | Insurance Law Hawaii     The Seventh Circuit reversed the district court’s finding that the insured architecture firm was not entitled to a defense. Cornice & Rose International, LLC v. Acuity, 2024 U.S. App. LEXIS 29925 (7th Cir. Nov. 25, 2024).     Cornice, an architectural firm, oversaw the construction of a… Continue reading Seventh Circuit Finds Allegations of Occurrence and Property Damage Require a Defense

Alleged Negligent Misrepresentation on Condition of Home is Not an Occurrence Causing Property Damage

Tred R. Eyerly | Insurance Law Hawaii     The court found that even if the insured’s negligent misrepresentations constituted an accident, the disclosures did not cause physical damage to the property. Wood v. USAA Cas. Ins. Co., 2024 U.S. Dist. LEXIS 180624 (D. S.C. Sept. 12, 2024).      The insured, Clinton Wood, purchased a… Continue reading Alleged Negligent Misrepresentation on Condition of Home is Not an Occurrence Causing Property Damage