Vincent Passarelli | Property Insurance Law Observer A federal court recently held that an insurer may deny coverage under a homeowner’s policy for a “residence premises” when the insured never actually lived at the premises. In Sina Davani v. Travelers Personal Insurance Company and Geico Insurance Agency, LLC, Case No. 22-1244 (D. Kan. October 26, 2023),… Continue reading There’s No Place Like Home! Kansas Federal Court Holds Homeowner’s Policy Coverage Requires Policyholder to Physically Reside at Residence
Category: Insurance Coverage
Grappling with the Wear and Tear Exclusions of Homeowner’s Policies
Gabrielle L. Wright | Marshall Dennehey Chabad filed a claim for water damage after a drain or sewer pipe broke. The insurer denied the claim under the general water damage exclusion but offered $5,000 under the “Water Backup or Overflow of Sewers and Drains” extension of the policy. The court granted the insured’s motion for… Continue reading Grappling with the Wear and Tear Exclusions of Homeowner’s Policies
False Claims Act Investigation Is Covered Under Insured’s D&O Policy, Court Says
Lilit Asadourian and Alice Kyureghian | Barnes & Thornburg Highlights The Delaware Supreme Court affirmed a summary judgment ruling against ACE, finding that the professional services exclusion in ACE’s management liability insurance policy does not apply to bar coverage for a False Claims Act (FCA) investigation against Guaranteed Rate. This landmark case carries substantial precedential… Continue reading False Claims Act Investigation Is Covered Under Insured’s D&O Policy, Court Says
Jury’s Verdict for Loss Caused by Collapse Overturned
Tred R. Eyerly | Insurance Law Hawaii The Florida Court of Appeal overturned the jury’s verdict findng loss caused by collapse. Universal Prop. & Cas. Ins. Co. v. Caboverde, 2023 Fla. App. LEXIS 4474 (Fla. Ct. App. June 28, 2023). The insured homeowners had two claims. One was a 2016 ceiling collapse;… Continue reading Jury’s Verdict for Loss Caused by Collapse Overturned
The Impact of Conflict of Law on Insurance Claims
John Koch | Flaster Greenberg When determining whether insurance coverage exists for a claim, a crucial consideration is whether the claim involves an event or occurrence that took place in a state other than where the relevant policy was delivered. This is often the case for large companies with national operations or markets. When this… Continue reading The Impact of Conflict of Law on Insurance Claims