Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonesteel LLP | May 31, 2017 In California FAIR Plan Assn. v. Garnes (No. A143190, filed 5/26/17), a California appeals court ruled that “total loss” under Insurance Code section 2051 refers to physical damage or loss, not the economic fact that the cost of repair exceeds the… Continue reading Repair Cost Exceeding Actual Cash Value Does Not Establish “Total Loss” Under Fire Insurance Policy
Category: Property Damage
Prior Knowledge of Risk of Property Damage Not Enough to Preclude Coverage by Known Loss Provision
Katie M. Sluss | Cozen O’Connor | May 31, 2017 Last month, the Ninth Circuit Court of Appeals, in an unpublished decision of first impression under Oregon law, held that damage sustained after a negligent repair is not a continuation, change, or resumption of known property damage. Alkemade v. Quanta Indemnity Co., No. 14-35605, 2017… Continue reading Prior Knowledge of Risk of Property Damage Not Enough to Preclude Coverage by Known Loss Provision
Avoiding Denials of Water Damage Claims Based on “Long Term Damage Exclusions”
Kevin Pollock | Property Insurance Coverage Law Blog | May 30, 2017 We have all seen it – an insured has a water damage claim; the insurance policy has an exclusion for long term water damage occurring over a period of weeks, months, years (or even 14 days); and the insurer’s expert claims the damage… Continue reading Avoiding Denials of Water Damage Claims Based on “Long Term Damage Exclusions”
Building Damage Caused by Copper Theft Is Not Excluded
Christina Phillips | Property Insurance Coverage Law Blog | May 20, 2017 Theft of copper wiring or piping is a loss that impacts many in urban areas, but whether there is coverage for the loss is usually dependent upon the specific language of the insurance policy. This issue was recently addressed by the Tennessee Court… Continue reading Building Damage Caused by Copper Theft Is Not Excluded
Not so Fast Insurance Company, that Judgment Against your Insured May in Fact be Covered
Adele Ridenour | The Policyholder Report | May 11, 2017 Yesterday, the Oregon Court of Appeals dealt a hefty blow to insurance companies seeking to exclude coverage for property damage to multi-family dwellings and for awards of attorney fees. In Hunters Ridge Condominium Ass’n v. Sherwood Crossing, LLC, the Oregon Court of Appeals held that… Continue reading Not so Fast Insurance Company, that Judgment Against your Insured May in Fact be Covered