Michele L. Levinson | Frost Brown Todd In past years, carriers in states most affected by wildfires, notably California, have seen a significant increase in claims where the property sustains no significant “direct physical damage.” Meaning, the property itself was not directly impacted by the fire, yet the owner presented a claim for fire-related damages… Continue reading Is Smoke or Ash Considered Direct Physical Damage for Coverage Purposes Under California Property Insurance Policy?
Category: Property Damage
Homes With Toxic Smoke Damage Deepen Insurance Nightmare in LA
Michelle Ma | Claims Journal Months after fire tore through Los Angeles’ Pacific Palisades neighborhood, homeowners are struggling to get reimbursed — not for houses reduced to rubble, but for the damage of smoke and toxins in the properties that remain. For residents such as Keri Homolka, fighting for a payout has become a full-time… Continue reading Homes With Toxic Smoke Damage Deepen Insurance Nightmare in LA
California Launches Task Force to Standardize Smoke Damage Claims and Remediation
Jessica E. Gopiao and Amber S. Finch | ReedSmith Addressing a Growing Challenge In response to the increasing severity and complexity of wildfire smoke damage across California, the Department of Insurance announced the creation of a new Smoke Claims & Remediation Task Force. This initiative, spearheaded by Insurance Commissioner Ricardo Lara, aims to establish clear,… Continue reading California Launches Task Force to Standardize Smoke Damage Claims and Remediation
Insureds Prevail on Summary Judgment Addressing Responsibility for Water Leak
Tred R. Eyerly | Insurance Law Hawaii The court granted summary judgment to the insureds, finding they were not responsible for a water leak from a drain valve on the tenth floor of the building. Charter Oak Fire Ins. Co. v. Bremermann Mech., Inc., et al., 2025 U.S. Dist. LEXIS 59871 (E.D. La. March… Continue reading Insureds Prevail on Summary Judgment Addressing Responsibility for Water Leak
Calculating Chapter 93A Damages: Takeaways from Diprio v. Ground Up Construction, Inc.
David G. Thomas and Angela C. Bunnell | GreenbergTraurig In Diprio v. Ground Up Constr., Inc., the Massachusetts Appeals Court considered the appropriateness of an award of attorneys’ fees to pro se litigants—homeowners who sued a contractor for violating a Massachusetts Home Improvement Contractor Statute (HICS)—and the proper measure of damages under 93A, Section 9. At… Continue reading Calculating Chapter 93A Damages: Takeaways from Diprio v. Ground Up Construction, Inc.