Ashley Harris | Property Insurance Coverage Law Blog | May 4, 2019 A septic system back-up into a home can be a rotten situation for a homeowner, and depending on the extent of the back-up, can cause widespread damage throughout the home. When researching coverage for septic system back-ups I was surprised by the number… Continue reading Back-Up from a Septic System – Is it Covered?
Category: Insurance Coverage
“That Particular Part” – Yet More
David Smith | Policyholder Perspective | April 30, 2019 Massachusetts Appeals Court Gets It Right – Mostly Hot on the heels of the Federal Tenth Circuit Court of Appeals’ decision in MTI, Inc. v. Employers Insurance Company of Wausau, __ F.3d __, 2019 WL 321423 (10th Cir. 2019) (about which I wrote earlier this month), the Appeals Court… Continue reading “That Particular Part” – Yet More
Where There Is Smoke, There Is… A Denial
Edward Eshoo | Property Insurance Coverage Law Blog | April 30, 2019 An Illinois Public Insurance Adjuster recently contacted me regarding an insurer’s denial of a smoke damage claim. The facts were as follows. While a condominium unit owner was using the fireplace in the unit (“unit 1”), smoke began to fill up in the… Continue reading Where There Is Smoke, There Is… A Denial
Florida’s “Assignment of Benefits” Bill: A Guide Through the New Statutory Framework
John David Dickenson and Chad A. Pasterneck | Property Insurance Law Observer | April 26, 2019 This week, after 7 years of failed efforts, the Florida Legislature passed a meaningful Assignment of Benefits (“AOB”) reform bill. Florida Governor Ron DeSantis announced yesterday that he would sign the legislation designed to cut back on abusive AOBs,… Continue reading Florida’s “Assignment of Benefits” Bill: A Guide Through the New Statutory Framework
Damages for Permit Revocation Constitute Covered “Loss of Use”
Shanti Eagle | Policyholder Perspective | April 26, 2019 Insurers often claim “economic damages” are not covered under a standard commercial general liability (CGL) policy. The Fourth District Court of Appeal’s decision in Thee Sombrero, Inc. v. Scottsdale Ins. Co., 28 Cal. App. 5th 729, 736 (2018) review and request to depublish denied (Jan. 30, 2019), demonstrates that… Continue reading Damages for Permit Revocation Constitute Covered “Loss of Use”