Insurance Company Lawyers Argue Physical Damage Requires Functional Damage—Can This Be True?

Chip Merlin | Property Insurance Coverage Law Blog | September 18, 2019 Judges should be aware of the extreme and aberrant arguments being made by a few insurance company lawyers about physical damage requiring damage to be “functional” damage. These lawyers argue that property insurance policies contemplate this “functional damage” requirement. This first American flag… Continue reading Insurance Company Lawyers Argue Physical Damage Requires Functional Damage—Can This Be True?

Does An Insurer Act In “Bad Faith” If It Denies Coverage For A Hail Loss Based On Its Retained Engineer Defining Hail Damage As Functional Damage?

Edward Eshoo | Property Insurance Coverage Law Blog | September 9, 2019 In my last blog post, I wrote about the Seventh Circuit Court of Appeal’s recent decision in Windridge of Naperville Condominium Association v. Philadelphia Indemnity Insurance Company.1 There, the Seventh Circuit rejected Philadelphia’s argument that because only the south and the west elevations of siding… Continue reading Does An Insurer Act In “Bad Faith” If It Denies Coverage For A Hail Loss Based On Its Retained Engineer Defining Hail Damage As Functional Damage?

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