Katie M. Sluss | Cozen O’Connor | May 31, 2017 Last month, the Ninth Circuit Court of Appeals, in an unpublished decision of first impression under Oregon law, held that damage sustained after a negligent repair is not a continuation, change, or resumption of known property damage. Alkemade v. Quanta Indemnity Co., No. 14-35605, 2017… Continue reading Prior Knowledge of Risk of Property Damage Not Enough to Preclude Coverage by Known Loss Provision
Category: Insurance Coverage
Avoiding Denials of Water Damage Claims Based on “Long Term Damage Exclusions”
Kevin Pollock | Property Insurance Coverage Law Blog | May 30, 2017 We have all seen it – an insured has a water damage claim; the insurance policy has an exclusion for long term water damage occurring over a period of weeks, months, years (or even 14 days); and the insurer’s expert claims the damage… Continue reading Avoiding Denials of Water Damage Claims Based on “Long Term Damage Exclusions”
Construction One-Minute Read: Allowance or Contingency?
Randolph E. Ruff and Jonathan M. Mraunac | National Law Review | May 24, 2017 While both relatively simple concepts, allowances and contingencies are often confused with one another. Conflating the two can lead to pitfalls. An easy way to remind oneself of the difference is: allowances are for known unknowns, and contingencies are for unknown unknowns. Allowances An… Continue reading Construction One-Minute Read: Allowance or Contingency?
Where Insurance and Contracts Collide in Construction
Christopher G. Hill | Construction Law Musings | May 23, 2017 As has been said a “few” times here at Construction Law Musings, the courts of the Commonwealth of Virginia strictly interpret the actual terms of a construction contract. A recent case in the Circuit Court for the City of Richmond provides yet another example… Continue reading Where Insurance and Contracts Collide in Construction
Building Damage Caused by Copper Theft Is Not Excluded
Christina Phillips | Property Insurance Coverage Law Blog | May 20, 2017 Theft of copper wiring or piping is a loss that impacts many in urban areas, but whether there is coverage for the loss is usually dependent upon the specific language of the insurance policy. This issue was recently addressed by the Tennessee Court… Continue reading Building Damage Caused by Copper Theft Is Not Excluded