Dick Bennett | Cozen O’Connor’s Property Insurance Law Observer | July 8, 2015 Yesterday in El-Ad West LLC v. Zurich American Ins. Co., 2015 WL 4078762, 2015 N.Y. App. Div. LEXIS 5753 (Jul. 7, 2015), a unanimous panel of New York’s intermediate level appellate court held that a flood sub-limit capped all loss caused by… Continue reading New York Court: Broadly-Worded Flood Limit “Meaningless” Unless it Applies to Any Kind of Loss Caused by Flood
Tag: insurance claim
Federal Court in Texas Grants Insurer’s Summary Judgment on Water Damage Exclusion
George B. Hall, Jr. | Phelps Dunbar LLP | June 17, 2015 A federal court in Texas granted summary judgment to an insurer based on a water damage exclusion that it did not owe coverage for damages resulting from the back-up of water or sewage from outside a plumbing system. Durrett v. Nationwide Property & Cas.… Continue reading Federal Court in Texas Grants Insurer’s Summary Judgment on Water Damage Exclusion
Court Defines “Collapse”
Shane Smith | Property Insurance Coverage Law Blog | June 25, 2015 The meaning of the term “collapse” in a first-party property insurance policy may often be litigated. My colleague, Nicole Vinson has written previous blogs specific to the topic of collapse coverage. In Experts and Photos – Clearing Up Collapse Coverage, Part V, she explained… Continue reading Court Defines “Collapse”
Missouri Court Clarifies what Constitutes an Ensuing Loss
Richard C. Bennett | Cozen O’Connor | 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 excluded peril… Continue reading Missouri Court Clarifies what Constitutes an Ensuing Loss
Construction Contract Claims Against a Third-Party Lender? The Unforeseen Consequences of a Standard Practice
Travis A. Knobbe | Spilman Thomas and Battle | May 18, 2015 For those of us who commonly represent lenders, there is nothing more unsettling than hearing the words “course and pattern of conduct” or “dominion and control” or some variation of the same. Any suit where someone seeks to impose liability on a bank for… Continue reading Construction Contract Claims Against a Third-Party Lender? The Unforeseen Consequences of a Standard Practice