Jordan Hess and Paul Ferland | Property Insruance Law Observer In Jowite Limited Partnership v. Federal Insurance Company, the United States District Court for the District of Maryland issued a rare opinion addressing whether “collapse” is a covered “ensuing loss” under an all-risks insurance policy without a specific collapse coverage. Case No. 1:18-cv-02413-DLB (D. Md.… Continue reading Ensuing Loss Clause Does Not Create Coverage for “Collapse” Inseparable from Damage Caused by Excluded Perils
Category: Insurance Coverage
The Ancient “But For” Test Controls Coverage Dispute
Barry Zalma | Zalma on Insurance Additional Insured Endorsement Insures Lessor for Slip and Fall in Parking Lot Serving Property Leased When the use of the property as a gas station / convenience store depended on customers’ ability to ingress and egress through the attached parking lot – even though the lessees’ lease did not… Continue reading The Ancient “But For” Test Controls Coverage Dispute
Minnesota Supreme Court’s First Opinion on the State’s Bad Faith Statute
J. Kent Crocker | Carlton Fields The Minnesota Supreme Court in the matter of Alison Joel Peterson v. Western National Mutual Insurance Company, 946 N.W.2d 903 (Minn. 2020) opined for the first time on the state’s bad faith statute (Minn. Stat. § 604.18) and weighed in on the interpretation of the two prongs contained within the… Continue reading Minnesota Supreme Court’s First Opinion on the State’s Bad Faith Statute
COVID-19 Win for Policyholders! Court Approves “Direct Physical Loss” Argument
Gregory D. Podolak | Saxe Doernberger & Vita Late last week, a Missouri federal district court provided a significant victory for insurance policyholders for COVID-19 losses. In Studio 417, Inc. v. The Cincinnati Insurance Company 6:20-cv-03127-SRB (W.D. MO, So. Div., Aug. 12, 2020), the Court was called upon to decide whether allegations involving the presence of COVID-19… Continue reading COVID-19 Win for Policyholders! Court Approves “Direct Physical Loss” Argument
Federal Court Dismisses Coverage Action in Favor of Pending State Proceeding
Tred R. Eyerly | Insurance Law Hawaii The federal district court declined to exercise jurisdiction over the coverage action that was parallel to a case pending in state court involving the same parties and same issues pending. Navigators Ins, Co. v. Chriso’s Tree Trimming, 2020 U.S. Dist. LEXIS 129711 (E.D. Calif. July 22, 2020). … Continue reading Federal Court Dismisses Coverage Action in Favor of Pending State Proceeding