Troutman Sanders | June 5, 2015 Atain Specialty Ins. Co. v. North Bay Waterproofing, 2015 U.S. Dist. LEXIS 11404 (N.D. Cal. Jan. 30, 2015) In Atain Speciality, the Northern District of California entered a default judgment in favor of the insurer because the damages alleged in an underlying construction defect action were not discovered until… Continue reading CGL Policy Did Not Afford Coverage For An Underlying Construction Defect Action Because The Alleged Property Damage Was Discovered After The Policy Period And The Total Residential Construction Exclusion Was Implicated
New Florida Federal Court Decision Exposes Construction Insurance Gap
Brian A. Wolf | Smith Currie & Hancock | June 8, 2015 Your insurance policy may not cover the costs of an expensive Chapter 558 construction defect process. Florida’s construction defect statute, Chapter 558, requires an owner to notify contractors of all alleged construction defects. After the notice is sent, the contractor notifies all of… Continue reading New Florida Federal Court Decision Exposes Construction Insurance Gap
Missouri Court Clarifies What Constitutes An Ensuing Loss
Dick Bennett | Cozen O’Connor’s Property Insurance Law Observer | June 9, 2015 Last week in Performance Arts Cmty. Improvement Dist. v. ACE Amer. Ins. Co., 2015 WL 3491292, 2015 U.S. Dist. LEXIS 71592 (W.D. Mo., June 3, 2015), a federal court in Missouri shot down an insured’s arguments that a wall collapse caused by the… Continue reading Missouri Court Clarifies What Constitutes An Ensuing Loss
So I Have a Sandy Claims Review Letter, Now What Do I Do?
Jason Cieri | Property Insurance Coverage Law Blog | June 2, 2015 Starting on May 18th and over the following weeks, policyholders that had flood insurance through a WYO carrier or a FEMA direct policy that submitted claims for Superstorm Sandy will receive a letter in the mail asking if they want to reopen their claim… Continue reading So I Have a Sandy Claims Review Letter, Now What Do I Do?
Is That Covered? Lost Insurance Policy
Michael R. Kelley | McNees Wallace & Nurick LLC | June 2015 Many liability policies are triggered when an event giving rise to a covered claim occurs, rather than when the claim is asserted or filed with the court. This is often true of the most common type of liability coverage – the commercial general… Continue reading Is That Covered? Lost Insurance Policy