Summary of California Property Insurance Legislation Enacted in 2018

Victor Jacobellis | Property Insurance Coverage Law Blog | February 20, 2019 California residents were not spared from disaster in 2018. Instead, devastating wildfires continued, which included the biggest and most devastating wildfires to ever ravage California. The continued disasters were more frequent and begun much earlier during California’s prolonged dry period. The number and… Continue reading Summary of California Property Insurance Legislation Enacted in 2018

No Coverage for Defects in Subcontrator’s Own Work

Tred R. Eyerly | Insurance Law Hawaii | February 11, 2019     Damage to the concrete floor installed by the insured subcontractor was not property damage and thus not covered under the insured’s CGL policy. Kalman Floor Co. v. Old Republic Gen. Ins. Corp., 2019 U.S. Dist. LEXIS 3319 (D. Colo Jan. 8, 2019).   … Continue reading No Coverage for Defects in Subcontrator’s Own Work

Northern District of Illinois Dismisses Statutory Bad Faith Claim Against Insurer Where Bona Fide Coverage Dispute Existed and Insured Failed to Plead Sufficient Facts Showing that Insurer Unreasonably Refused to Comply with Policy Obligations

Patrick F. Nugent | Bad Faith Sentinel | February 13, 2019 Propitious, LLC owns a two-story building and leased the first floor of the property to Connacht, LLC, which used the space to operate a restaurant and sports bar.  Propitious insured the property under a policy issued by Badger Mutual Insurance Company; Connacht insured the… Continue reading Northern District of Illinois Dismisses Statutory Bad Faith Claim Against Insurer Where Bona Fide Coverage Dispute Existed and Insured Failed to Plead Sufficient Facts Showing that Insurer Unreasonably Refused to Comply with Policy Obligations

Protective Safeguards Endorsements: Does Your Policy Have One?

Daniel Veroff | Property Insurance Coverage Law Blog | February 16, 2019 We see many commercial insurance claims denied because the insured did not maintain a particular “protective safeguard” required by the policy. For example, a policy may require burglar alarms, and exclude coverage for theft if alarms are not working at the time of… Continue reading Protective Safeguards Endorsements: Does Your Policy Have One?

Court Rules Sewer Backup Clause Does Not Include Internal Plumbing

Jason Cieri | Property Insurance Coverage Law Blog | February 13, 2019 Back in January 2017, I blogged about the landmark case of Pichel v. Dryden Mutual Insurance Company,1 where New York’s Third Department ruled that the insurance policy contained an ambiguity when differentiating between loss caused by backup to a sewer or drain and a loss caused by… Continue reading Court Rules Sewer Backup Clause Does Not Include Internal Plumbing