Category: Property Damage

The New Water Damage Limitation and Other Non-Traditional Coverage Gaps

Chip Merlin | Property Insurance Coverage Law Blog | August 29, 2019 Public adjuster Guy Cohen and I discussed various issues of property insurance and adjustment at a recent lunch. He raised a very serious topic of coverage gaps being created in the small print of property insurance policies which Florida insurance regulators are allowing… Continue reading The New Water Damage Limitation and Other Non-Traditional Coverage Gaps

Endorsement Excludes Replacement of Undamaged Property with Matching Materials

Tred R. Eyerly | Insurance Law Hawaii | June 26, 2019     The court approved the insurer’s endorsement which stated the insured would not pay for undamaged property in order to match damaged property. Noonan v. Am. Family Mut. Ins. Co., 2019 U.S. App. LEXIS 15545 (May 24, 2019).     After hail and wind… Continue reading Endorsement Excludes Replacement of Undamaged Property with Matching Materials

Court Does Not Pity the Fool Who Does Not Fully Read His Insurance Policy

Paul LaSalle | Property Insurance Coverage Law Blog | August 23, 2019 Chip Merlin frequently stresses the importance of reading the whole insurance policy when determining whether there is coverage for the relevant property damage. The failure to do so was highlighted in a recent case,1 where a Pennsylvania federal court stated it could not ignore the… Continue reading Court Does Not Pity the Fool Who Does Not Fully Read His Insurance Policy

Insurance Claim Payment Delay Following Expected Disasters is Epidemic

Chip Merlin | Property Insurance Coverage Law Blog | August 19, 2019 Crawford has acknowledged that the insurance industry it serves is not living up to its good faith claims obligation in a recent publication. Here is the confession about the 2017 Hurricane season which it reported in Today’s Large & Complex Claims Landscape: Preparing for the… Continue reading Insurance Claim Payment Delay Following Expected Disasters is Epidemic

California Supreme Court Provides Rare Update on Inverse Condemnation Doctrine

Bradford B. Kuhn and Willis Hon | Nossaman | August 16, 2019 On August 15, 2019, the California Supreme Court (“Supreme Court”) issued its first inverse condemnation opinion in more than 22 years in the case City of Oroville v. Superior Court of Butte County, Case No. S243247 (“Opinion”).  In this unanimous opinion authored by Justice Cuéllar, the… Continue reading California Supreme Court Provides Rare Update on Inverse Condemnation Doctrine