Jim Sams | Claims Journal Five lawsuits have been filed against the Champlain Towers South Condominium Association in Surfside, Florida as of Thursday afternoon as plaintiffs move to preserve evidence at the site of the partially collapsed high-rise to stake a claim to a share of the reported $48 million in insurance coverage available. Miami-Dade… Continue reading Judge Says $48M in Coverage for Collapsed Condo Tower Won’t Be Enough
Category: Insurance Coverage
The “Fortuity” and “Known Loss Doctrines” of Insurance Coverage – Are You Covered?
Meredith Storm | Pessin Katz Law The concept of risk is central to insurance. Insurance coverage is premised on the exchange of risk and the possibility that an unintended or unexpected event will occur. Accordingly, it seems only logical that insurance carriers are not keen on providing coverage for a loss that is very likely… Continue reading The “Fortuity” and “Known Loss Doctrines” of Insurance Coverage – Are You Covered?
Insurer Prevails in First Substantive Appellate Ruling in COVID-19-Related Insurance Coverage Litigation
Andrew Daechsel | PropertyCasualtyFocus In what appears to be the first substantive appellate ruling in COVID-19-related insurance coverage litigation, the Eighth Circuit Court of Appeals in Oral Surgeons, P.C. v. Cincinnati Insurance Co. ruled in favor of the insurer and affirmed the trial court’s order of dismissal under Iowa law. The plaintiff in Oral Surgeons, a dental practice,… Continue reading Insurer Prevails in First Substantive Appellate Ruling in COVID-19-Related Insurance Coverage Litigation
This, That, and the Other: Different Insurance Policies Can Cover the Same Loss
Kenneth Gorenberg | Barnes & Thornburg As policyholder counsel, we’re frequently asked which insurance policy may cover a particular claim. Sometimes, the answer is not just one but more than one. How a Claim Can Be Covered By More Than One Policy There are several circumstances in which more than one policy may respond to… Continue reading This, That, and the Other: Different Insurance Policies Can Cover the Same Loss
Florida Court Holds Rust and Corrosion is “Act of Nature”
Alycen A. Moss and Elliot Kerzner | Property Insurance Law Observer A Florida court recently held that rust and corrosion of water pipes is an “act of nature,” and, thus, was excluded from coverage under a homeowner’s insurance policy. In Dodge v. People’s Trust Insurance Company, 2021 WL 2217299 (4th DCA Jun. 2, 2021), Florida’s Fourth… Continue reading Florida Court Holds Rust and Corrosion is “Act of Nature”