Vik Nagpal | Bremer Whyte Brown & O’Meara LLP To understand what Toxic Mold Litigation is, it is important to first identify and understand what toxic mold is. Mold is a fungus which is essentially everywhere, and certain types of mold, known as toxic mold, may cause severe personal injuries and/or property damage. Toxic mold refers to… Continue reading What is Toxic Mold Litigation?
Category: Property Damage
No Coverage for Property that was not Insured’s “Primary Residence” as Described Under the Policy
Marie Laur | Property Insurance Coverage Law Blog | April 8, 2018 A Maryland court recently ruled there was no insurance coverage available to an insured for a loss to her property that was not her primary residence. In the case Liberty Insurance Corp. v. Barnes,1 the district court ruled that the clear language of the policy… Continue reading No Coverage for Property that was not Insured’s “Primary Residence” as Described Under the Policy
Jury Instruction That Fails to Utilize Concurrent Cause for Property Loss is Erroneous
Tred R. Eyerly | Insurance Law Hawaii | March 19, 2018 The Florida District Court reversed erroneous jury instructions that adopted the efficient proximate cause doctrine in determining whether the insurer was responsible for the insureds’ collapsed roof. Jones v. Federated National Ins. Co., 2018 Fla. App. LEXIS 561 (Fla. Ct. App. Jan. 17, 2018). The… Continue reading Jury Instruction That Fails to Utilize Concurrent Cause for Property Loss is Erroneous
Anti-Indemnity Legislation Is A Growing Trend in Western States
Andrew G. Witik | Litchfield Cavo LLP | March 22, 2018 The growing trend in the Western states of anti-indemnity legislation vis-à-vis construction activities has produced its most recent published and precedential decision in Oklahoma, JP Energy Marketing v. Commerce And Industry Insurance Co., 2018 OK CIV APP 14, 412 P.3d 121 (03/01/2018). This coverage… Continue reading Anti-Indemnity Legislation Is A Growing Trend in Western States
My Insurance Claim Was Denied Because My Water Leak Lasted Over a Period of 14 Days or More – Was the Denial Proper?
Marie Laur | Property Insurance Coverage Law Blog | March 13, 2018 Many property insurance policies have a provision that states something similar to the following: “we do not insure…for loss…caused by…constant or repeated seepage or leakage of water…over a period of 14 or more days.” Insureds may find their claims for water loss under… Continue reading My Insurance Claim Was Denied Because My Water Leak Lasted Over a Period of 14 Days or More – Was the Denial Proper?