Heather Howell Wright | Bradley | July 2017 Ohio has joined the majority of jurisdictions in holding that a general liability policy may provide coverage for claims made by a project owner for property damage allegedly caused by the defective work of a subcontractor. In Ohio Northern Univ. v. Charles Constr. Serv., Inc., an Ohio appeals court… Continue reading The Importance of Careful Coverage Analysis
Category: Property Damage
Calculating Actual Cash Value, Part 26: Montana
Shane Smith | Property Insurance Coverage Law Blog | July 5, 2017 In Montana, a jury may consider all relevant evidence when determining the actual cash value of the property damaged or destroyed.1 Under the broad evidence rule, the trier of fact “may consider any evidence logically tending to the formation of a correct estimate of… Continue reading Calculating Actual Cash Value, Part 26: Montana
Ninth Circuit Holds That Despite ‘Known Damage’ Exclusion Insurer Had Duty Under Oregon Law to Indemnify and Defend Contractor When Property Damage Resulted From Contractor’s Negligent Repair of a Prior Negligent Act
Alex Corey | Constructlaw | June 22, 2017 Alkemade v. Quanta Indem. Co., 2017 U.S. App. LEXIS 6896 (9th Cir. Apr. 20, 2017) In 1994, Adrianus and Rachelle Alkemade (the “Alkemades”) bought a house from Meltebeke Built Paradise Homes (“Meltebeke”). The home was built on expanding soils, causing significant structural damage. Meltebeke repaired the existing… Continue reading Ninth Circuit Holds That Despite ‘Known Damage’ Exclusion Insurer Had Duty Under Oregon Law to Indemnify and Defend Contractor When Property Damage Resulted From Contractor’s Negligent Repair of a Prior Negligent Act
In California, Can an Insured Homeowner Recover Full Replacement Cost by Purchasing a Home at Another Location?
Stephanie Poll | Property Insurance Coverage Law Blog | June 25, 2017 The short answer is yes. In Conway v. Farmers Home Mutual Insurance Company, the California Court of Appeal followed several out-of-state authorities in considering the issue and ruling in favor for the insured.1 Chip Merlin raised this issue with respect to Texas back in 2009 –… Continue reading In California, Can an Insured Homeowner Recover Full Replacement Cost by Purchasing a Home at Another Location?
Water Damage Loss Time Limits and Hidden Damage—What Do Insurers Promise to Departments of Insurance?
Chip Merlin | Property Insurance Coverage Law Blog | June 26, 2017 I spoke about water damage loss at the National Association of Public Insurance Adjusters Annual Convention last week. One issue I discussed was the time limits of water damage. A recent post, Avoiding Denials of Water Damage Claims Based on “Long Term Damage Exclusions” also… Continue reading Water Damage Loss Time Limits and Hidden Damage—What Do Insurers Promise to Departments of Insurance?