Patrick Sisson | Bloomberg Climate change and development are set to collide in the booming Austin-San Antonio megaregion as housing expands into fire-prone wildlands. In early January, Keith Elwell was doing one of the things he does best, swinging chainsaws to help save forests from wildfire. Amid groves of junipers and white oak trees, Elwell… Continue reading One More Thing Moving From California to Texas: Wildfire Risk
Category: Property Damage
Insurer Owes Duty To Defend In Toilet Wipe Property Damage Case: Takeaways From Harleysville Preferred Ins. Co. V. Dude Products, Inc.
Adam K. Hollander adn Haley A. Hinton | Barnes & Thornburg In Harleysville Preferred Ins. Co. v. Dude Products, Inc., the U.S. District Court for the Northern District of Illinois considered whether a general liability insurer had a duty to defend a putative consumer class action in which there were no specific causes of action for property damage.… Continue reading Insurer Owes Duty To Defend In Toilet Wipe Property Damage Case: Takeaways From Harleysville Preferred Ins. Co. V. Dude Products, Inc.
Trial Court Abuses Discretion in Appointing Unqualified Umpire for Appraisal
Tred R. Eyerly | Insurance Law Hawaii The Texas Court of Appeals agreed with the insurer that the trial court abused its discretion in appointing an attorney as umpire in a property damage dispute. In re State Farm Lloyds, 2023 Tex. App. LEXIS 966 (Tex. Ct. App. Feb. 15, 2023). The insured… Continue reading Trial Court Abuses Discretion in Appointing Unqualified Umpire for Appraisal
CGL Coverage Dispute Regarding the (J)(6) and (J)(7) Property Damage Exclusions
David Adelstein | Florida Construction Legal Updates A new insurance coverage opinion dealing with a commercial general liability’s (CGL) duty to defend involved exclusions commonly known as the (j)(6) and (j)(7) property damage exclusions (and in certain policies known as the (j)(5) and (j)(6) exclusions). These are the exclusions that apply during ongoing operations. Exclusion (l), or the “your work” exclusion, applies post-completion, i.e., it… Continue reading CGL Coverage Dispute Regarding the (J)(6) and (J)(7) Property Damage Exclusions
Someone Who Hires an Independent Contractor May Still Be Liable, But Not in This Case
Katherine Dempsey | The Subrogation Strategist In Allstate Veh. & Prop. Ins. Co. v. Glitz Constr. Corp., 2023 N.Y. App. Div. LEXIS 1180, 2023 NY Slip Op 01171, the Supreme Court of New York, Appellate Division, Second Department (Appellate Court), considered whether a contractor could be found liable for its subcontractor’s alleged negligence in causing injury… Continue reading Someone Who Hires an Independent Contractor May Still Be Liable, But Not in This Case