Paul LaSalle | Property Insurance Coverage Law Blog | October 7, 2018 Insurance policies ordinarily contain terms that provide that an insured must exhibit the damaged property for the insurance company’s inspection after a loss. The same policies also provide that an insured has a duty to mitigate damages to the property to prevent further… Continue reading Collecting For Immediate Remediation Costs
Category: Property Damage
Underlying Assertion of Negligent Misrepresentation Is Not Necessarily an Occurrence
Nora Valenza-Frost | PropertyCasualtyFocus | September 14, 2018 Courts sometimes struggle with the issue of whether property damage arising in the context of a contractual relationship, particularly in construction contracts, constitutes an “occurrence” under a standard commercial general liability (CGL) policy. Generally, but not always – and it varies from jurisdiction to jurisdiction – courts… Continue reading Underlying Assertion of Negligent Misrepresentation Is Not Necessarily an Occurrence
Mold/Remediation: Michigan Appellate Court Addresses Duty Owed Homeowner by Insurance Company and Cleanup Contractor
Walter G. Wright and Claire Maddox | Mitchell Williams | September 12, 2018 The Court of Appeals of Michigan (“Court”) in an August 21st opinion addressed an issue regarding the duty and liability of Farmers Insurance Exchange (“Farmers”) and U.S. Disaster Services LLC (“U.S. Disaster”) owed to an insured homeowner in addressing flood damage. See Abraham… Continue reading Mold/Remediation: Michigan Appellate Court Addresses Duty Owed Homeowner by Insurance Company and Cleanup Contractor
Wind, Flood or Storm Surge: Pick Your Peril Carefully
Geoffrey Greeves | It Pays to Be Covered | September 4, 2018 A catastrophic loss, such as a hurricane strike, can force any company out of business, even if it is insured. Although a business does not suffer any direct physical damage to its facilities, fickle natural disaster events can disrupt a company’s entire supply chain,… Continue reading Wind, Flood or Storm Surge: Pick Your Peril Carefully
Georgia Court of Appeals Holds Lay Witness Can Provide Opinion Testimony on the Value of a Property If the Witness Had an Opportunity to Form a Reasoned Opinion
Gus Sara | The Subrogation Strategist | September 4, 2018 In Woodrum v. Ga. Farm Bureau Mut. Ins. Co., 815 S.E.2d 650 (Ga. Ct. App. 2018), the Court of Appeals of Georgia considered whether the lower court properly disqualified a contractor as an expert witness and excluded the contractor from offering lay opinion testimony regarding the value… Continue reading Georgia Court of Appeals Holds Lay Witness Can Provide Opinion Testimony on the Value of a Property If the Witness Had an Opportunity to Form a Reasoned Opinion