Federal Judge Rules Flood Coverage Issue Involving Personal Property is a Question of Fact : Property Insurance Coverage Law Blog

Christopher Nahas – Property Insurance Coverage – August 10, 2014 A federal judge in Pennsylvania denied an insurer’s motion for summary judgment on the issue of coverage finding that issues of fact existed whether or not the insureds’ flood policy exclusively covered personal property.1 Plaintiffs Krupa and Patel owned a Subway franchise damaged by flooding… Continue reading Federal Judge Rules Flood Coverage Issue Involving Personal Property is a Question of Fact : Property Insurance Coverage Law Blog

Coverage for Construction Defect Barred by Contractual-Liability Exclusion

Tred Eyerly – July 28, 2014 Relying upon precedent from the Texas Supreme Court, the Fifth Circuit upheld the District Court’s denial of coverage based upon the policy’s contractual-liability exclusion. Crownover v. Mid-Continent Cas. Co., 2014 U.S. App. LEXIS 12158 (5th Cir. June. 27, 2014). The Crownovers entered a construction contract with Arrow Development, Inc.… Continue reading Coverage for Construction Defect Barred by Contractual-Liability Exclusion

Three Strikes on Defective Work Insurance Claim

Stanley A. Martin – July 22, 2014 A federal appeals court recently retired, in short order, a contractor’s insurance claim arising from defective work.  The claim arose when scratches were noted on a glass storefront, shortly after installation by one sub but also after preliminary cleaning by another sub, and two days before the store was… Continue reading Three Strikes on Defective Work Insurance Claim

Think Twice About Heading to Court with a Construction Claim

Christopher G. Hill – Construction Law Musings – June 30, 2014 Here at Construction Law Musings, I have discussed many areas of the law relating to construction claims.  Most of this discussion has focuses on the claim itself, whether made by breach of contract lawsuit, payment bond claim or mechanic’s lien.  The latter two of… Continue reading Think Twice About Heading to Court with a Construction Claim

Offensive Odors and the Pollution Exclusion

Kenneth Kan – June 4, 2014 This blog may appeal to fans (I being one of them) of the almost ubiquitous Sriracha hot sauce. Sriracha has been in the news as of late and is in the center of a controversy over spicy odors emanating from its factory in Irwindale, California where the condiment is produced.… Continue reading Offensive Odors and the Pollution Exclusion