Michael A. Pinto and Jacob Kooistra | Property Casualty 360 The documents that comprise the current standard of care uniformly emphasize physical removal as the primary means of mold remediation. Claims adjusters and managers recognize that most home and business policies have caps on the amount paid out to deal with mold remediation. In the… Continue reading Why Killing Mold is not Enough for an Insurance Claim
Category: Property Insurance Claims
Ninth Circuit Finds that “Subsidence Exclusion” Bars Coverage for Landslide Loss
Dina R. Richman | Property Insurance Law Observer The Ninth Circuit Court of Appeals recently issued an unpublished opinion in Atain Specialty Insurance Company v. JKT Associates, Inc., Case No. 20-16366 (9th Cir., March 11, 2022), finding that a liability policy’s “Subsidence Exclusion” barred coverage for a lawsuit arising out of a landslide. In Atain, the insured… Continue reading Ninth Circuit Finds that “Subsidence Exclusion” Bars Coverage for Landslide Loss
Potential Coverage Issues Implicated by the Champlain Towers Collapse
Theresa A. Guertin | SDV Insights In June 24, 2021, the Champlain Towers South in Surfside, Florida collapsed, killing nearly 100 individuals (the “Collapse”). As experts uncover more information regarding the cause of the Collapse, those individuals who have filed lawsuits as well as the potentially culpable defendants are looking to insurers for coverage of… Continue reading Potential Coverage Issues Implicated by the Champlain Towers Collapse
Fifth Circuit Confirms: Insurer Must Defend Despite Your Work/Your Product Exclusion
Nathan Cazier and Scott Thomas | Payne & Fears The United States Court of Appeals for the Fifth Circuit recently confirmed that liability insurers have a duty to defend their insureds in construction defect cases when the underlying complaint alleges damage to property beyond the product and work of the insured – even if the… Continue reading Fifth Circuit Confirms: Insurer Must Defend Despite Your Work/Your Product Exclusion
Right to Repair Unintended Utilization
Advise & Consult, Inc. “Right to Repair” is a trend, that while becoming an increasingly popular option given that property insurance policies include wording giving insurers this power. Unfortunately, while becoming more common, and while the provision sounds like a good idea in theory, is not being utilized by insurers in the way that was… Continue reading Right to Repair Unintended Utilization