Freezing Exclusions: One Size Does Not Fit All

Edward Eshoo | Property Insurance Coverage Law Blog | February 12, 2019 “One size fits all” is a phrase used to describe pieces of clothing or accessories designed to fit all people. Over time, it has been used to refer to anything meant to apply in all circumstances. Obviously, one size cannot fit all people.… Continue reading Freezing Exclusions: One Size Does Not Fit All

Ice Dammed If You Do, Ice Dammed If You Don’t

Michael Duonocore | Property Insurance Coverage Law Blog | February 8, 2019 This time of year, the northeast of the United States starts to feel insufferably cold, followed up by winter storms which can dump anywhere from an inch to three feet of snow at a time. The snow can be a welcomed arrival in… Continue reading Ice Dammed If You Do, Ice Dammed If You Don’t

Policyholder Wins Bad Faith Claim Despite Insurer Paying Nearly All It Owed

Kenneth Gorenberg | Barnes & Thornburg LLP | February 4, 2019 Can an insurance company be held liable for bad faith if it had a bona fide dispute with the policyholder over the extent of coverage in Illinois? Generally, it will not. However, a recent decision shows that delays in the claim and payment process… Continue reading Policyholder Wins Bad Faith Claim Despite Insurer Paying Nearly All It Owed

Ohio Supreme Court Narrows Coverage for Construction Defect Claims

Arnanda M. Leffler and Anastasia J. Wade | Brouse McDowell | February 10, 2019 On October 9, 2018, the Ohio Supreme Court issued its long-awaited decision in Ohio Northern Univ. v. Charles Constr. Servs., 2018-Ohio-4057, holding that a general contractor was not entitled to insurance coverage for its subcontractor’s faulty work. Since then, some commentators have… Continue reading Ohio Supreme Court Narrows Coverage for Construction Defect Claims

Partial Flood Proofs of Loss Requesting Only Items In Dispute Are Losers In Flood Claims

Chip Merlin | Property Insurance Coverage Law Blog | February 4, 2019 Flood insurance claims governed by the National Flood Insurance Program are different. The requirements to get paid are strict and must be complied with. Many inexperienced attorneys and public adjusters prepare these claims improperly and the result is that policyholders do not get… Continue reading Partial Flood Proofs of Loss Requesting Only Items In Dispute Are Losers In Flood Claims