Trial Court Abuses Discretion in Appointing Unqualified Umpire for Appraisal

Tred R. Eyerly | Insurance Law Hawaii     The Texas Court of Appeals agreed with the insurer that the trial court abused its discretion in appointing an attorney as umpire in a property damage dispute. In re State Farm Lloyds, 2023 Tex. App. LEXIS 966 (Tex. Ct. App. Feb. 15, 2023).     The insured… Continue reading Trial Court Abuses Discretion in Appointing Unqualified Umpire for Appraisal

CGL Coverage Dispute Regarding the (J)(6) and (J)(7) Property Damage Exclusions

David Adelstein | Florida Construction Legal Updates A new insurance coverage opinion dealing with a commercial general liability’s (CGL) duty to defend involved exclusions commonly known as the (j)(6) and (j)(7) property damage exclusions (and in certain policies known as the (j)(5) and (j)(6) exclusions). These are the exclusions that apply during ongoing operations.  Exclusion (l), or the “your work” exclusion, applies post-completion, i.e., it… Continue reading CGL Coverage Dispute Regarding the (J)(6) and (J)(7) Property Damage Exclusions

DC Court Finds No Coverage for COVID-19 Losses Where Plaintiffs Could Not Show That Property Sustained Direct Physical Loss

Heidi Hudson Raschke | Property Casualty Focus For going on five months, the United States has been dealing with the difficult impact of the COVID-19 pandemic, which has disrupted daily lives and sometimes devastated businesses. In looking for sources of economic recovery, businesses want to turn to their commercial property policies, but, as this blog has explained,… Continue reading DC Court Finds No Coverage for COVID-19 Losses Where Plaintiffs Could Not Show That Property Sustained Direct Physical Loss

Property Damage to Insured’s Own Work is Not Covered

Tred R. Eyerly | Insurance Law Hawaii | April 22, 2019     The Michigan Court of Appeals found there was no coverage for a lawsuit filed against the insureds for faulty workmanship. Skanska United States Bldg. v M.A.P. Mech. Contrs., 2019 Mich App. LEXIS 529 (Mich. Ct. App. March 19, 2019).     Contractor Skanska… Continue reading Property Damage to Insured’s Own Work is Not Covered

Loss of Use can be “Property Damage” under Insurance Policies

Kevin Brodehl | Money & Dirt | February 10, 2019 General liability insurance policies normally cover “property damage.”  Physical injury to, or outright destruction of, property almost always fits within policy coverage. But what about situations when the property is not physically injured at all, but the owner has lost important use rights associated with… Continue reading Loss of Use can be “Property Damage” under Insurance Policies

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