Andrew Leeds | Claims Journal After 20 years in homeowner claims, I’ve heard the same assumption so many times it’s practically folklore: older homes cost more to insure because repairs cost more. That’s not entirely wrong, but the real story is more specific — and more useful — than that. The distinction matters because America’s… Continue reading What Home Age Actually Tells Us About Claims — And What It Doesn’t
Category: Insurance
Executive Summary: Strategic Role of Expert Testimony in Property Insurance Litigation
Advise & Consult, Inc. In high-stakes commercial property damage disputes—particularly those involving windstorm, hurricane, or catastrophic losses—litigation frequently centers on expert admissibility under Daubert / Frye standards rather than purely policy language interpretation. A recent federal court ruling underscores the legal and evidentiary standards required to withstand challenges to policyholder expert testimony. Key Legal Takeaways… Continue reading Executive Summary: Strategic Role of Expert Testimony in Property Insurance Litigation
Course of Construction Exclusions and the CGL Policy
Anna M. Perry, Rachel S. Kindseth and Nina Catazaro | Saxe Doernberger & Vita I. Course of Construction Exclusions Course of Construction (“COC”) exclusions are found on General Liability and excess liability policies, typically a wrap-up or project specific policy, and generally exclude “all property damage occurring during the course of construction.” Insurers claim COC… Continue reading Course of Construction Exclusions and the CGL Policy
Choosing the Appropriate Approach for Loss Assessments
Crosby MacDonald, Nikola Stambolic, and Adnan Girach | BRG Introduction Economic losses caused by a wrongful action can take many forms. As the first step towards claiming compensation for a loss, a claimant will normally define that loss in the context of the specific circumstances of its claim. For example, a claimant could say that… Continue reading Choosing the Appropriate Approach for Loss Assessments
Wisconsin Supreme Court Reaffirms “Ensuing Loss” Doctrine in Defective Construction and Rainwater Claims
Advise & Consult, Inc. Synopsis In a highly anticipated decision, the Wisconsin Supreme Court in Cincinnati Insurance Company v. Ropicky addressed the critical intersection of construction defect exclusions, ensuing loss provisions, and concurrent causation. The ruling serves as a vital precedent for policyholders, clarifying that subsequent water intrusion damage resulting from an excluded design or… Continue reading Wisconsin Supreme Court Reaffirms “Ensuing Loss” Doctrine in Defective Construction and Rainwater Claims