Can My Business Recover Additional Income Loss If Code Upgrades Are Delaying the Time to Complete Repairs?

Iris Kuhn | Property Insurance Coverage Law Blog | May 31, 2019 Business Interruption coverage protects the potential earnings of the insured business while its operations are suspended as a result of damage caused by a covered peril. The period of restoration has a direct effect on the actual loss suffered. A typical definition in… Continue reading Can My Business Recover Additional Income Loss If Code Upgrades Are Delaying the Time to Complete Repairs?

Jury to Decide If Carrier Risked Trial Because It Had Nothing Left to Lose

Claims Journal | May 23, 2019 A federal judge in Rhode Island has cleared the way for a trial to decide whether Columbia Casualty Insurance, in bad faith, put its own interest over its policyholder’s by gambling on a trial instead of settling a claim that resulted in a $25 million jury verdict. Boston-based Ironshore… Continue reading Jury to Decide If Carrier Risked Trial Because It Had Nothing Left to Lose

Property Damage to Insured’s Own Work is Not Covered

Tred R. Eyerly | Insurance Law Hawaii | April 22, 2019     The Michigan Court of Appeals found there was no coverage for a lawsuit filed against the insureds for faulty workmanship. Skanska United States Bldg. v M.A.P. Mech. Contrs., 2019 Mich App. LEXIS 529 (Mich. Ct. App. March 19, 2019).     Contractor Skanska… Continue reading Property Damage to Insured’s Own Work is Not Covered

Free Ride on RCV? Not So Fast!

Craig Bennion | Property Insurance Law Observer | May 29, 2019 Most property insurance policies condition the payment of replacement cost value (RCV) on the property first being replaced or repaired, and courts typically enforce that requirement.  Replacement cost is not owed until the insured completes repair or replacement.  Yet what property adjuster has never… Continue reading Free Ride on RCV? Not So Fast!

Anti-Concurrent Clause Enforced Where Loss Was Caused By Covered and Non-Covered Perils

Paul LaSalle | Property Insurance Coverage Law Blog | May 29, 2019 Last week, I had the pleasure of presenting at the Spring Meeting & Seminar of the Professional Public Adjusters Association of New Jersey (“PPAANJ”). One of the more thoroughly discussed topics during my presentation was a recent New Jersey federal court decision involving… Continue reading Anti-Concurrent Clause Enforced Where Loss Was Caused By Covered and Non-Covered Perils