Jennifer Van Voorhis | Property Insurance Coverage Law Blog | October 13, 2018 The photos from Hurricane Michael show catastrophic loss from not only the storm surge, up to fourteen feet in some areas, but from winds and rain as well. For those that live far enough inland where surge and flood was not an… Continue reading It’s Rain, Not Flood, Why Isn’t My Water Damage Covered?
Category: Insurance Coverage
Critical Issues to a Determination of Coverage and Effective Reservation of Rights
Cheryl D. Shoun | Nexsen Pruet | October 9, 2018 Faced with cross motions for summary judgment in a declaratory judgment action seeking coverage determination, the United States District Court for South Carolina recently employed exacting scrutiny in its analysis of the policies, the reservation of rights letters and the parties’ respective positions. Stoneledge at Lake… Continue reading Critical Issues to a Determination of Coverage and Effective Reservation of Rights
Collecting For Immediate Remediation Costs
Paul LaSalle | Property Insurance Coverage Law Blog | October 7, 2018 Insurance policies ordinarily contain terms that provide that an insured must exhibit the damaged property for the insurance company’s inspection after a loss. The same policies also provide that an insured has a duty to mitigate damages to the property to prevent further… Continue reading Collecting For Immediate Remediation Costs
California Court Holds No Coverage Under Pollution Policy for Structural Improvements
Brian Margolies | Traub Lieberman Straus & Shrewsberry | September 13, 2018 In its recent decision in Essex Walnut Owner L.P. v. Aspen Specialty Ins. Co., 2018 U.S. Dist. LEXIS 138276 (N.D. Cal. Aug. 15, 2018), the United States District Court for the Northern District of California had occasion to consider the issue of a pollution… Continue reading California Court Holds No Coverage Under Pollution Policy for Structural Improvements
Court Upholds Denial of Collapse Coverage Where Building Still Stands
Tred R. Eyerly | Insurance Law Hawaii | August 29, 2018 The Michigan Court of Appeals affirmed the trial court’s decision finding the policy’s collapse coverage did not apply. Cmty. Garage v. Auto-Owners Ins. Co., 2018 Mich. App. LEXIS 2680 (Mich. Ct. App. June 19, 2018). The insured operated a truck repair business. In June 2016,… Continue reading Court Upholds Denial of Collapse Coverage Where Building Still Stands