Paul LaSalle | Property Insurance Coverage Law Blog | May 9, 2019 In a recent court opinion,1 the New Jersey Appellate Division interpreted a homeowner’s insurance policy’s water damage exclusion and determined whether damage from a broken municipal water main under a public street was covered under the policy. In that case, a homeowner brought an… Continue reading Broken Water Main Damage: Flood or Not Flood Under Homeowner’s Insurance Policy?
Category: Insurance Coverage
Insurance Policy’s Promise to Advance Claims Expense for Covered Claims Does Not Create a Duty to Defend
Christopher Kendrick and Valerie Moore | Haight Brown & Bonesteel | May 7, 2019 In United Farm Workers of America v. Hudson Insurance Company, (E.D. Cal.) 2019 WL 1517568, the United Farm Workers of America union (UFW) sued Hudson Insurance Company for breach of contract and bad faith arising out of a former employee’s wrongful termination… Continue reading Insurance Policy’s Promise to Advance Claims Expense for Covered Claims Does Not Create a Duty to Defend
Collapse Coverage: Second Circuit Holds That Cracking Walls Do Not Constitute “Collapse”
Dina R. Richman | Property Insurance Law Observer | May 6, 2019 Most homeowners’ policies – and property insurance policies in general – contain a limited coverage extension for “collapse.” The interpretation of that collapse coverage has been litigated around the country for decades, with different jurisdictions reaching considerably different results. The latest of these… Continue reading Collapse Coverage: Second Circuit Holds That Cracking Walls Do Not Constitute “Collapse”
‘Additional Insured Endorsements’ Can Shift Risk to Parties not at Fault: Viewpoint
Timothy M. Thronton, Jr. | Claims Journal | April 30, 2019 “Additional insured” clauses most often start with a contract requiring the first party to name the second party as an additional insured under the first party’s insurance policy. This is often found with or near a contract clause requiring the first party to indemnify,… Continue reading ‘Additional Insured Endorsements’ Can Shift Risk to Parties not at Fault: Viewpoint
Collapse Loss Ambiguity Determined With Dictionary Help
Jason Cleri | Property Insurance Coverage Law Blog | May 5, 2019 Feenix Parkside LLC owed a commercial building that incurred a partial collapse to their ceiling. When Feenix sought coverage for the collapse, the insurer—Berkley North Pacific—denied coverage for the loss. When Feenix reported the loss, they stated the collapse was due to decay,… Continue reading Collapse Loss Ambiguity Determined With Dictionary Help