Roben West | Carlton Fields In Express Jewelry Enterprises Inc. v. National Fire Insurance Company of Hartford, the Sixth Circuit Court of Appeals found that a flood exclusion precluded coverage for property damage following a night of heavy rains. The basement of a jewelry store in Dearborn, Michigan, was inundated with high water after the city experienced… Continue reading Sixth Circuit Enforces First-Party Property Policy’s Flood Exclusion for Flood Damage Caused by Eight Inches of Rain
Tag: property damage
The Gross Disproportionality Exception to Construction Damages
John Mark Goodman and Joe Mack Curry II | BuildSmart The usual measure of damages for breach of a construction contract is the cost to repair the defects or finish the incomplete work. But what if the cost to repair or compete is grossly disproportionate to the value that the additional work would create? In that… Continue reading The Gross Disproportionality Exception to Construction Damages
The Fires Next Time: State Wildfire Liability Limitations for Utilities
Thomas Dawson | McDermott Will & Schulte Following the wildfires of recent years, many states west of the Mississippi River have considered (and multiple states have now adopted) legislation to limit the liability of utilities for bodily injury and property damage caused by wildfires that might have been ignited by utility-owned equipment. Most commonly, legislation… Continue reading The Fires Next Time: State Wildfire Liability Limitations for Utilities
Third DCA Finds Two‑Year Delay in Reporting Property Damage Violates Prompt‑Notice Obligation
Danielle Robinson | Marshall Dennehey Security First Insurance Company v. Moreno, 51 Fla. L. Weekly D59 (January 7, 2026) This case involves a claim for property damage allegedly caused by Hurricane Irma on September 10, 2017. However, the damage was reported to the carrier more than two years later on April 22, 2020. The carrier… Continue reading Third DCA Finds Two‑Year Delay in Reporting Property Damage Violates Prompt‑Notice Obligation
The Financial Damages Model for Loss of Value
A. Scott Davidson, Sid Jaishankar, Ashley Houlden, and Michael Sherlock | Kroll Introduction Damages are generally calculated as either a loss of income or a loss of capital. When damages are determined on account of a loss of capital, it is often necessary to perform a valuation of an asset or business. This chapter is… Continue reading The Financial Damages Model for Loss of Value