There’s No Place Like Home! Kansas Federal Court Holds Homeowner’s Policy Coverage Requires Policyholder to Physically Reside at Residence

Vincent Passarelli | Property Insurance Law Observer A federal court recently held that an insurer may deny coverage under a homeowner’s policy for a “residence premises” when the insured never actually lived at the premises. In Sina Davani v. Travelers Personal Insurance Company and Geico Insurance Agency, LLC, Case No. 22-1244 (D. Kan. October 26, 2023),… Continue reading There’s No Place Like Home! Kansas Federal Court Holds Homeowner’s Policy Coverage Requires Policyholder to Physically Reside at Residence

Grappling with the Wear and Tear Exclusions of Homeowner’s Policies

Gabrielle L. Wright | Marshall Dennehey Chabad filed a claim for water damage after a drain or sewer pipe broke. The insurer denied the claim under the general water damage exclusion but offered $5,000 under the “Water Backup or Overflow of Sewers and Drains” extension of the policy. The court granted the insured’s motion for… Continue reading Grappling with the Wear and Tear Exclusions of Homeowner’s Policies

Someone Who Hires an Independent Contractor May Still Be Liable, But Not in This Case

Katherine Dempsey | White and Williams 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

Louisiana Court Of Appeal Holds Mold Remediation Costs Incurred Following A Covered Peril Fall Within A Mold Sub-Limit Because Such Costs Would Not Have Been Incurred But For The Mold

Gabriel R. Crane | Phelp Dunbar A Louisiana Court of Appeal affirmed a trial court’s ruling that mold remediation costs incurred as a result of a covered peril fall within the mold exclusion and endorsement of a homeowners’ policy because such costs would not have been incurred but for the appearance of mold. DeFelice v. Federated… Continue reading Louisiana Court Of Appeal Holds Mold Remediation Costs Incurred Following A Covered Peril Fall Within A Mold Sub-Limit Because Such Costs Would Not Have Been Incurred But For The Mold

Broad but not Ambiguous: Eighth Circuit Weighs In On Water Below The Surface Exclusion

Jenna Veronneau | Property Insurance Coverage Insights | June 1, 2016 An exclusion in a homeowner’s policy for loss resulting from “water . . . below the surface of the ground” is not limited to naturally occurring water, according to a recent decision of the Eighth Circuit Court of Appeals in Bull v. Nationwide Mut.… Continue reading Broad but not Ambiguous: Eighth Circuit Weighs In On Water Below The Surface Exclusion

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