Category: Insurance

California Appellate Court Rules Wildfire Debris Does Not Qualify as “Direct Physical Loss” Under Homeowners Insurance Policy

Novera H. Ahmad | PropertyCasualtyFocus The Second Appellate District of the California Court of Appeal recently affirmed a lower court ruling that wildfire debris on an insured’s property did not qualify as “direct physical loss” within the meaning of a homeowners insurance policy, as there was no burn damage to the property. The ruling, Gharibian v.… Continue reading California Appellate Court Rules Wildfire Debris Does Not Qualify as “Direct Physical Loss” Under Homeowners Insurance Policy

A Warning To Carriers On The Risks Of Undefined Terms In Policies

Erik Tomberg and Spencer Hoisington | Wilson Elser On December 13, 2024, the North Carolina Supreme Court issued a ruling in a business interruption coverage case that strayed from the national trend of courts finding in favor of insurance carriers following government-ordered business closures during the COVID-19 pandemic. Specifically, in North State Deli, LLC, et… Continue reading A Warning To Carriers On The Risks Of Undefined Terms In Policies

SDV’s 2025 Contractor’s Checklist for Owner-Placed Builder’s Risk Insurance

Will S. Bennett adn Jeremiah M. Welch | Saxe Doernberger & Vita Builder’s risk policies are manuscript and complex, and many contractors don’t fully understand the nuances of how and where the coverages they need come from in the policy. Time and again we see contractors taking risk contractually that builder’s risk insurance could have… Continue reading SDV’s 2025 Contractor’s Checklist for Owner-Placed Builder’s Risk Insurance

Middle District of Florida Disregards Other Insurance Clause Where Subcontractor Contractually Promised to Indemnify General Contractor

Traub Lieberman In Clear Blue Ins. Co. v. Gemini Ins. Co., No. 8:22-cv-1711-TPB-AEP, 2024 U.S. Dist. LEXIS 57340 (M.D. Fla. Mar. 29, 2024), the Court was faced with competing summary judgment motions with each party arguing coverage under the others’ policy applied after the subcontractor’s primary policy was exhausted. CPWR LLC, d/b/a Capital Contractor Services (“CCS”) contracted… Continue reading Middle District of Florida Disregards Other Insurance Clause Where Subcontractor Contractually Promised to Indemnify General Contractor

Court Denies Developer Insurance Coverage to Repair Defective Construction

Paul Ferland and Joshua Tumen | Cozen O’Connor In Curtis Park Group, LLC v. Allied World Specialty Insurance Company (2024 WL 5194886 (10th Cir. 2024)), the U.S. Court of Appeals for the Tenth Circuit determined that an insured real estate developer could not recover the hard costs associated with repairing a defective concrete slab because the insured… Continue reading Court Denies Developer Insurance Coverage to Repair Defective Construction