Tred R. Eyerly | Insurance Law Hawaii | December 18, 2017 The Tennessee Court of Appeals reversed the trial court’s determination that the seller’s alleged negligent misrepresentation regarding the propensity of the property to flood was covered. Erie Ins. Exh. v. Maxwell, 2017 Tenn. App. LEXIS 746 (Tenn. Ct. App. Nov. 15, 2017). The Chapmans purchased… Continue reading Negligent Misrepresentation Claim Does Not Allege Property Damage, Barring Coverage
Category: Property Damage
Is Water Damage Caused by a Burst Water Main Covered?
Edward Eshoo | Property Insurance Coverage Law Blog | December 7, 2017 An Illinois homeowner recently contacted me regarding an insurer’s denial of a water damage claim. The facts were: An underground pipe which was part of a municipal water supply system (“the water main”) burst and water was released from the water main. The… Continue reading Is Water Damage Caused by a Burst Water Main Covered?
When Should an Accident be an Accident?
Charles P. Edwards | Barnes & Thornburg LLP | November 27, 2017 Standard commercial general liability (CGL) insurance policies provide coverage for damages the policyholder is legally obligated to pay because of property damage or bodily injury caused by an “occurrence.” CGL policies typically define “occurrence” as an “accident.” Courts define an accident as “an… Continue reading When Should an Accident be an Accident?
Production of Pre-Denial Claim File Compelled
Tred R. Eyerly | Insurance Law Hawaii | November 20, 2017 The appellate court found that the claims file that existed before the insurer’s denial was discoverable. Cascade Builders Corp. v. Rugar, 2017 N.Y. App. Div. LEXIS 7357 (N.Y. App. Div.. Oct. 19, 2017). Cascade Builders was the general contractor for the homeowners. In May 2011,… Continue reading Production of Pre-Denial Claim File Compelled
Listen to What the Insurance Policy Says: Construing Commercial General Liability Exclusions Without Preconceptions
John Corbett | Barnes & Thornburg Construction Law Update | December 1, 2017 Insurance companies have long contended that commercial general liability (CGL) policies do not cover property damage involving alleged deficient workmanship by the insured. In a number of early cases, courts held that deficient workmanship cannot be an accident within the meaning of… Continue reading Listen to What the Insurance Policy Says: Construing Commercial General Liability Exclusions Without Preconceptions