Tred R. Eyerly | Insurance Law Hawaii A recommended decision from the Magistrate Judge of the Federal District Court for the District of Colorado found there was no coverage for the subcontractor’s faulty workmanship, but recognized that Colorado finds consequential damages to be property damage. Indian Harbor Ins. Co. v. Houston Cas. Co.,… Continue reading Colorado Federal Court Confirms Consequetial Property Damage, But Finds No Coverage for Subcontractor
Category: Property Damage
No Duty to Defend Under Homeowner’s Policy Where No Occurrence, No Property Damage
Tred R. Eyerly | Insurance Law Hawaii The federal district court for the district of Hawaii granted the insurer’s motion for summary judgment determining there was not duty to defend and no duty to indemnify the insured under a homeowner’s policy. Allstate Ins. Co. v. Rosfeld, 2022 U.S. Dist. LEXIS 139123 (D. Haw. Aug.… Continue reading No Duty to Defend Under Homeowner’s Policy Where No Occurrence, No Property Damage
Failure to Allege Property Damage Within Policy Period Defeats Insured’s Claim
Tred R. Eyerly | Insurance Law Hawaii The insured’s inability to determine when water damage occurred meant it could not pursue claims of property damage against the insurers. Creek v. State Farm Fire & Cas. Co., 2022 U.S. Dist. LEXIS 116939 (W.D. Wash. July 1, 2022). Gold Creek Condominium complex experienced water… Continue reading Failure to Allege Property Damage Within Policy Period Defeats Insured’s Claim
Water Damage Restoration – A Guide to Advanced Structural Drying
Theresa Chimento | J.S. Held Overview Advanced Structural Drying (ASD) is the effective, efficient drying of water-damaged buildings and dwellings, using comprehensive knowledge and tools. The process includes the collection of appropriate data for utilization and application of scientific and technical principles. Psychrometry – the science of drying, helps to track moisture content, drying progress,… Continue reading Water Damage Restoration – A Guide to Advanced Structural Drying
Colorado Defective Construction is Not Considered “Property Damage”
SDV Insights In the July 5, 2022, case of Indian Harbor Ins. Co. v. Houston Casualty Co., the United States District Court for Colorado addressed the issue of whether damage to defectively installed balconies is considered “property damage” under Colorado law, requiring payment by a commercial general liability policy. Facts of the Case The case stems… Continue reading Colorado Defective Construction is Not Considered “Property Damage”