Marshall Gilinsky and Carrie Maylor DiCanio | Anderson Kill Key Points: The wildfire that struck Boulder County, Colo., on December 30 was the most destructive in the state’s history In an era of intensifying natural disasters, businesses need to be aware of all their coverages and be prepared to maximize recovery Coverages to consider besides… Continue reading Wake-Up Call: Understanding Commercial Fire Insurance Coverage In The Wake Of The Colorado Wildfire
Category: Property Damage
Fifth Circuit Confirms: Insurer Must Defend Despite Your Work/Your Product Exclusion
Nathan Cazier and Scott Thomas | Payne & Fears The United States Court of Appeals for the Fifth Circuit recently confirmed that liability insurers have a duty to defend their insureds in construction defect cases when the underlying complaint alleges damage to property beyond the product and work of the insured – even if the… Continue reading Fifth Circuit Confirms: Insurer Must Defend Despite Your Work/Your Product Exclusion
GA Federal Court Holds That Jury, Not Judge, Generally Must Decide Whether Notice Was Given “As Soon as Practicable” Under First-Party Property Damage Policies
Edward M. Koch and Lynndon K. Groff | White & Williams Insurance policies covering first-party property damage often require insureds to notify insurers of a loss “as soon as practicable.” Where an insured may or may not have given notice “as soon as practicable,” the issue arises as to who should determine whether the insured… Continue reading GA Federal Court Holds That Jury, Not Judge, Generally Must Decide Whether Notice Was Given “As Soon as Practicable” Under First-Party Property Damage Policies
Eleventh Circuit Finds No “Property Damage” Where Defective Component Failed to Cause Damage to Other Non-Defective Components
Anthony L. Miscioscia and margo Meta | White & Williams In Florida, damage caused by faulty workmanship constitutes “property damage;” however, the cost of repairing or removing defective work does not. Amerisure Mutual Insurance Company v. Auchter Company, 673 F.3d 1294 (11th Cir. 2012) (Auchter). But what happens when the cost of repairing or removing defective work… Continue reading Eleventh Circuit Finds No “Property Damage” Where Defective Component Failed to Cause Damage to Other Non-Defective Components
Asserting Non-Disclosure Claim Involving Residential Real Property and Whether Facts are “Readily Observable”
David Adelstein | Florida Construction Legal Updates Under Florida law, there is a claim dealing with the purchase and sale of residential real property known as a Johnson v. Davis or a non-disclosure claim: “[W]here the seller of a home knows of facts materially affecting the value of the property which are not readily observable and are not known to… Continue reading Asserting Non-Disclosure Claim Involving Residential Real Property and Whether Facts are “Readily Observable”