Lian Skaf | White and Williams Inverse condemnation is a legal theory that is not common in the subrogation industry. However, when dealing with a loss where property damage is the result of action by a public entity, it is a claim that may be available. While there are distinct considerations with raising an inverse… Continue reading California Clarifies Basis for Inverse Condemnation Claims
Category: Property Damage
Replacement Cost Insurance Coverage in Turbulent Times
Charles P. Edwards | Barnes & Thornburg After the wildfires in Los Angeles, extreme weather events throughout the United States, and recently enacted tariffs, it seemed like a good time to revisit the calculation of replacement cost under policies insuring against loss or damage to property. The concept of replacement cost — sometimes referred to… Continue reading Replacement Cost Insurance Coverage in Turbulent Times
Seventh Circuit Finds Allegations of Occurrence and Property Damage Require a Defense
Tred R. Eyerly | Insurance Law Hawaii The Seventh Circuit reversed the district court’s finding that the insured architecture firm was not entitled to a defense. Cornice & Rose International, LLC v. Acuity, 2024 U.S. App. LEXIS 29925 (7th Cir. Nov. 25, 2024). Cornice, an architectural firm, oversaw the construction of a… Continue reading Seventh Circuit Finds Allegations of Occurrence and Property Damage Require a Defense
Alleged Negligent Misrepresentation on Condition of Home is Not an Occurrence Causing Property Damage
Tred R. Eyerly | Insurance Law Hawaii The court found that even if the insured’s negligent misrepresentations constituted an accident, the disclosures did not cause physical damage to the property. Wood v. USAA Cas. Ins. Co., 2024 U.S. Dist. LEXIS 180624 (D. S.C. Sept. 12, 2024). The insured, Clinton Wood, purchased a… Continue reading Alleged Negligent Misrepresentation on Condition of Home is Not an Occurrence Causing Property Damage
Insured’s Failure to Cooperate Dooms Claim
Tred R. Eyerly | Insurance Law Hawaii The court granted the insurer’s motion for summary judgment based upon the insured’s failure to allow the insurer to inspect damaged personal property . Ansah v Nationwide Prop. and Cas. Ins. Co., 2024 U.S. Dist. LEXIS 151472 (S. D. Texas Aug. 23, 2024). The insureds… Continue reading Insured’s Failure to Cooperate Dooms Claim