Edward Eshoo | Property Insurance Coverage Law Blog | September 3, 2018 Most property insurance policies provide additional coverage for direct physical loss of or damage to covered property caused by or resulting from an “abrupt collapse.”1 In Hoban v. Nova Casualty Company,2 a California federal district court recently addressed the meaning of the phrase “abrupt collapse,” which… Continue reading What Constitutes an “Abrupt Collapse”?
Category: Insurance Coverage
Total Loss and Constructive Total Loss in Florida
Chip Merlin | Property Insurance Coverage Law Blog | September 11, 2018 Total loss and constructive total loss concepts in Florida are often confused with automobile total loss situations and exclusions and coverages related to Ordinance or Laws. We recently were asked about building law and ordinances which required a building to be demolished per… Continue reading Total Loss and Constructive Total Loss in Florida
Is Recovery for Breach of an Insurance Policy Limited to Only Damages That Would Have Been Covered by the Policy?
Tamara Chen-See | Property Insurance Coverage Law Blog | September 1, 2018 In Florida, the short answer is “no.” Here, as in most states, traditional rules governing breach of contract apply to insurance policies, and in a proper case consequential damages may be awarded.1 Defense lawyers in first party insurance cases always dispute this argument. The… Continue reading Is Recovery for Breach of an Insurance Policy Limited to Only Damages That Would Have Been Covered by the Policy?
Attorneys’ Fees Awarded “Because Of” Property Damage Are Covered by Policy
Tred R. Eyerly | Insurance Law Hawaii | August 6, 2018 The Ninth Circuit upheld the District Court’s decision that the insured Association of Apartment Owners was entitled to coverage for the attorneys’ fees incurred [prior post here].Ass’n of Apartment Owners of the Moorings, Inc. v. Dongbu Ins. Co., Ltd., 2018 U.S. App. LEXIS 20251 (9th… Continue reading Attorneys’ Fees Awarded “Because Of” Property Damage Are Covered by Policy
Ambiguous Grant Of Collapse Coverage Construed In Policyholder’s Favor
Richard Wolf | Claims Journal | August 27, 2018 Invoking the familiar insurance contract interpretation doctrine of California and other jurisdictions, that truly ambiguous policy wording must be construed against the insurer drafting it, the U.S. District Court for the Eastern District of California decided on August 16, 2018 that coverage for “abrupt collapse” of a… Continue reading Ambiguous Grant Of Collapse Coverage Construed In Policyholder’s Favor