Insurer Must Defend Insured Against Construction Defect Claims

Tred R. Eyerly | Insurance Law Hawaii | October 4, 2018 Finding various exclusions inapplicable, the Federal District Court ruled that the insurer owed a defense to the general contractor based upon Texas law. Mt. Hawley Ins. Co. v. Slay Engineering, 2018 U.S. Dist. LEXIS 139363 (W.D. Texas Aug. 15, 2018). Huser Construction had a CGL… Continue reading Insurer Must Defend Insured Against Construction Defect Claims

Policy Conditions and Substantial Compliance in Florida—There is a Pulse!

Deborah Trotter | Property Insurance Coverage Law Blog | November 18, 2018 A recent Florida appellate opinion addresses common issues regarding the death blow or failure to comply with policy conditions. It should be well-known that a material breach of a policy condition may be fatal to a claim and grounds for voiding the policy.… Continue reading Policy Conditions and Substantial Compliance in Florida—There is a Pulse!

Court Finds That Limitation on Conditional Use Permit Results in Covered Property Damage Due to Loss of Use

Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonesteel LLP | October 30, 2018 In Thee Sombrero, Inc. v. Scottsdale Ins. Co. (No. E067505, filed 10/25/18), a California appeals court held that a property owner’s loss of the ability to use his property as a nightclub, based on revocation of a city’s conditional use permit… Continue reading Court Finds That Limitation on Conditional Use Permit Results in Covered Property Damage Due to Loss of Use

Verdict In Favor Of Insured Homeowner Reversed For Improper Jury Instructions

Tred R. Eyerly | Insurance Law Hawaii | September 24, 2018 The appellate court reversed the jury verdict in favor of the homeowners based upon improper instructions purporting to impose a duty to adjust the claim and how to construe a contract. Citizens Prop. Ins. Corp. v Mendoza, 2018 Fla. App. LEXIS 9497 (Fla. Ct. App. July… Continue reading Verdict In Favor Of Insured Homeowner Reversed For Improper Jury Instructions

Attorney’s Fees And Homeowner Claims Against Insurance Companies

Scott Topolski | Cole Schotz | October 15, 2018 Lawsuits by homeowners against their own insurance companies for failing to pay on damage claims that homeowners believe and argue are covered by their policies of insurance are quite common in Florida.  Frequently these involve claims for water-related damages—a typical example being a slow leak from… Continue reading Attorney’s Fees And Homeowner Claims Against Insurance Companies

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