Katie M. Sluss | Cozen O’Connor | May 31, 2017 Last month, the Ninth Circuit Court of Appeals, in an unpublished decision of first impression under Oregon law, held that damage sustained after a negligent repair is not a continuation, change, or resumption of known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
Category: Property Damage
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
Are Insurers Required to Pay Overhead and Profit for Payments Made on Actual Cash Value Basis?
Kevin Pollack | Property Insurance Coverage Law Blog | May 1, 2017 A recent class action lawsuit filed in Pennsylvania1 raised an issue that policyholder advocates and public adjusters see all over the country – insurers that try to exclude overhead and profit from property damage claim payments made on an actual cash value basis.… Continue reading Are Insurers Required to Pay Overhead and Profit for Payments Made on Actual Cash Value Basis?