Seán Barton and Barrett Chapman | McCann FitzGerald | June 12, 2018 In a recent case, the Supreme Court has confirmed that time starts to run for limitation purposes in property damage claims based on negligence from the date when the damage is manifest. In Brandley v Deane 1 a property developer brought proceedings in negligence against… Continue reading When Does Time Start to Run for Limitation Purposes in Property Damage Claims Based on Negligence?
Category: Property Damage
Is Duct Work Considered Part of a Home’s Air Conditioning “System”?
Iris Kuhn | Property Insurance Coverage Law Blog | June 3, 2018 Certain types of water damage are likely to fall under a water exclusion clause such as damage caused by flood, tsunami, standing water, groundwater and drain or sewage backup. Despite these categories, disputes often arise whether damages caused by water are covered under… Continue reading Is Duct Work Considered Part of a Home’s Air Conditioning “System”?
The Importance of the Subcontractor Exception to the “Your Work” Exclusion
John J. Kozak, Esq. | Florida Construction Law News | April 24, 2018 Commercial General Liability (CGL) policies typically include a “your work” exclusion, excluding coverage for “’property damage’ to ‘your work’ arising out of it or any part of it and included in the ‘products-completed operations hazard.’” These CGL policies define “your work,” in… Continue reading The Importance of the Subcontractor Exception to the “Your Work” Exclusion
Can a Marijuana Grow Operation Also Be a “Residence”?
Stephanie Poll | Property Insurance Coverage Law Blog | April 25, 2018 The case of Weingarten v. Auto Owners Insurance Company,1 may have raised some interesting ideas about insurance policy interpretation, yet it was ultimately decided by a number of case-specific facts. Connie and Edward Weingarten sued their homeowner’s insurer, Auto-Owners Insurance Company, arguing that the company… Continue reading Can a Marijuana Grow Operation Also Be a “Residence”?
Faulty Workmanship, Even if Charged as Negligence, Isn’t Fortuitous Enough to Be an “Occurrence” Under Liability Policy
Richard Wolf | Claims Journal | April 16, 2018 Every once in a while, a court teaches us by judicial decision an entire chapter of insurance law lessons we can carry with us, secure in the knowledge that we can reason our way to the right result in insurance coverage disputes. Such a court opinion… Continue reading Faulty Workmanship, Even if Charged as Negligence, Isn’t Fortuitous Enough to Be an “Occurrence” Under Liability Policy