Jordan R. Plitt | Claims Journal Standard property policies typically contain an exclusion which provides that the insurer “will not pay for loss or damage caused directly or indirectly by . . . water that backs up or overflows from a sewer, drain, or sump.” A reasonable reading of that language would likely include within… Continue reading Does a Water Backup Exclusion Include Sewage?
Category: Insurance
Contractors Should be Aware of Homeowner Duties When Invited to Perform Residential Work
Joshua Lane | Ahlers Cressman & Sleight Division 2 of the Court of Appeals[1] recently addressed a property owner’s liability to a contractor who is injured performing work on their property. The action arose from an incident in which Virgil Mihaila, a remodeling contractor, fell from a ladder while installing a new roof on the Troths’… Continue reading Contractors Should be Aware of Homeowner Duties When Invited to Perform Residential Work
Misrepresentation by Insured? It’s Complicated, Florida Appeals Court Rules
William Rabb | Insurance Journal Proving that an insured misrepresented the extent of damage from a storm may have just become a little more complicated for Florida insurance companies. Florida’s 5th District Court of Appeals last week reversed a trial court’s summary judgment order, which found that a homeowner in Orlando had made false statements about… Continue reading Misrepresentation by Insured? It’s Complicated, Florida Appeals Court Rules
Insurer’s Motion for Summary Judgment on Business Interruption Claim Denied
Tred R. Eyerly | Insurance Law Hawaii The insurer’s motion to cap a potential business interruption claim after the insured failed to provide documentation was denied. Lake Charles Instruments Inc. v. Scottsdale Ins. Co., 2022 U.S. Dist. LEXIS 116802 (W.D. La. July 2, 2022). Plaintiff operated a business that was damaged during… Continue reading Insurer’s Motion for Summary Judgment on Business Interruption Claim Denied
In Review: the Essentials of Insurance and Reinsurance Law in USA
Bill O’Neill, Jenna Tyrpak, Michael T. Carolan, Thomas J. Kinney | Troutman Pepper All questions Insurance and reinsurance law i Sources of law Each state has both statutory and common law applicable to insurance issues. State common law is a significant source of law for the purpose of resolving disputes. In broad terms, it applies… Continue reading In Review: the Essentials of Insurance and Reinsurance Law in USA