Elizabeth I. Stewart | Low, Ball & Lynch | October 2016 Victor M. Regalado v. Jeffrey M. Callaghan Court of Appeal, Fourth Appellate District (September 22, 2016) Generally, when employees of independent contractors are injured in the workplace, they cannot sue the party that hired the contractor to do the work, but are instead limited… Continue reading Premises Liability
Category: Property Damage
Oregon Federal Court Endorses Broad Definition of “Property Damage”
David Delmar | The Policyholder Report | July 28, 2016 In a recent case, Oregon Shakespeare Festival Ass’n v. Great American Ins. Co., the federal District Court for the District of Oregon adopted a liberal interpretation of “property damage.” The Oregon Shakespeare Festival Association (OSF) suffered a loss during its season: nearby wildfires caused smoke… Continue reading Oregon Federal Court Endorses Broad Definition of “Property Damage”
Attorneys’ Fees Incurred and Awarded as a Result of a Property Damage Claim Are Covered Under HOA’s CGL Policy
Kevin Pollack | Property Insurance Coverage Law Blog | September 5, 2016 If an HOA is sued pertaining to a dispute over property damage, and the opposing party prevails and obtains an award of attorney fees, does the HOA’s liability insurance policy cover the attorney fee award? According to a recent district court decision in… Continue reading Attorneys’ Fees Incurred and Awarded as a Result of a Property Damage Claim Are Covered Under HOA’s CGL Policy
Summary Judgment May Be Appropriate When Insured Fails to Take Reasonable Measures to Prevent Property Damage
Michael Henry | Property Insurance Law Observer | August 4, 2016 Many first party property insurance policies exclude claims for water damage that occurs when the insured premises is left vacant or unoccupied, unless the insured has used reasonable care to prevent such losses. In litigation challenging the denial of such claims, whether or not… Continue reading Summary Judgment May Be Appropriate When Insured Fails to Take Reasonable Measures to Prevent Property Damage