David Adelstein | Florida Construction Legal Updates Property insurance policies (first party insurance policies) contain post-loss obligations that an insured must (and should) comply with otherwise they risk forfeiting insurance coverage. One post-loss obligation is the insurer’s right to request the insured to submit a sworn proof of loss. Not complying with a post-loss obligation such as submitting… Continue reading Avoid the Headache – Submit the Sworn Proof of Loss to Property Insurer
Category: Insurance
Defining Occurrence – When Policy Definitions Do Not Apply to All Coverages
John V. Garaffa | Butler Weihmuller Katz Craig On September 8, 2020 the United States Court of Appeals for the Eleventh Circuit issued its decision in Port Consolidated, Inc. v. International Insurance Company of Hannover, PLC, 2020 WL 5372281 (11th Cir 2020). The decision is notable for two reasons. First, the Court addressed whether definitions in… Continue reading Defining Occurrence – When Policy Definitions Do Not Apply to All Coverages
Fifth Circuit Holds That Ensuing Loss Provision of Builders’ Risk Policy Requires Two Separate Events to Qualify for the Construction Exclusion Carve-Out
Benjamin Stearns | PropertyCasualtyFocus In Balfour Beatty Construction, LLC v. Liberty Mutual Fire Insurance Company, No. 19-20216 (August 3, 2020), the Fifth Circuit determined that Liberty Mutual’s policy does not cover a construction company’s claim for window damage to a skyscraper caused by a subcontractor’s welding because the policyholder failed to show the damage resulted from… Continue reading Fifth Circuit Holds That Ensuing Loss Provision of Builders’ Risk Policy Requires Two Separate Events to Qualify for the Construction Exclusion Carve-Out
Drones Help Insurance Companies Check Damage in Cedar Rapids
Erin Jordan | Claims Journal Insurance adjusters who descended on Cedar Rapids after the Aug. 10 derecho storm are using drones to check roofs and asking homeowners with less severe damage to take their own photos. Some of this is due to the COVID-19 pandemic, which has reduced the number of experienced adjusters willing to… Continue reading Drones Help Insurance Companies Check Damage in Cedar Rapids
Florida Appellate Court Holds Anti-Concurrent Cause Provision in Exclusion Excludes Entire Loss When a Covered Cause Occurs Concurrently With an Excluded Cause
Derek R. Lenzen | Phelps Dunbar A Florida appellate court held that where water damaged property through walls and windows (an excluded cause) and also through a door (a covered cause), the all-risk policy’s anti-concurrent cause provision controls, and coverage for the entire loss is excluded. Security First Ins. Co. v. Czelusniak, 45 Fla. L.… Continue reading Florida Appellate Court Holds Anti-Concurrent Cause Provision in Exclusion Excludes Entire Loss When a Covered Cause Occurs Concurrently With an Excluded Cause