Nicole Vinson | Property Insurance Coverage Law Blog | June 26, 2019 Chip Merlin posted about the Wear and Tear Exclusion just last month in Wear and Tear Exclusions Versus Depreciation For Resulting Damage To Worn and Torn Older Parts of a Structure. Explaining about wear and tear, Chip gave this example: The judge made up… Continue reading Why is the Carrier so Quick to Argue the Wear and Tear Exclusion?
Tag: Insurance Coverage Disputes
Matching Endorsement Upheld as Modifying Policy to Exclude Coverage for Undamaged Material
Christina Phillips | Property Insurance Coverage Law Blog | June 1, 2019 The Eight Circuit Court of Appeals in Noonan v. American Family Mutual Insurance,1 recently upheld that the Minnesota Amendatory Homeowners Endorsement (“Endorsement”) excludes “matching.” The Endorsement provides that an insurer does “not pay to repair or replace undamaged property due to mismatch between damaged material… Continue reading Matching Endorsement Upheld as Modifying Policy to Exclude Coverage for Undamaged Material
Tennessee High Court Excludes Labor Costs from Insurer’s Actual Cash Value Depreciation Calculations
Michael S. Levine and Geoffrey B. Fehling | Hunton Andrews Kurth | April 24, 2019 The Tennessee Supreme Court has refused to construe an ambiguous definition of actual cash value to allow for deduction of labor costs as part of depreciation calculations where that subset of repair costs are not clearly addressed in the policy. Despite the… Continue reading Tennessee High Court Excludes Labor Costs from Insurer’s Actual Cash Value Depreciation Calculations
Georgia Federal Court Says Fact Questions Exist As To Whether Nitrogen Is An “Irritant” or “Contaminant” As Used in Pollution Exclusion
Lawrence J. Bracken II, Michael S. Levine and Alexander D. Russo | Hunton Andrews Kurth | April 15, 2019 The Southern District of Georgia recently ruled that Evanston Insurance Company is not entitled to summary judgment on whether its policies’ pollution exclusion bars coverage for the release of nitrogen into a warehouse. The case stems from an… Continue reading Georgia Federal Court Says Fact Questions Exist As To Whether Nitrogen Is An “Irritant” or “Contaminant” As Used in Pollution Exclusion
Eleventh Circuit Rules That Insurer Must Defend Contractor Despite “Your Work” Exclusion, Where Damage Timing Unclear
Michael S. Levine and David M. Costello | Hunton Andrews Kurth | April 16, 2019 The Eleventh Circuit has reversed an insurer’s award of summary judgment after finding that uncertainty about when the alleged property damage occurred raised questions about whether the damage came within the scope of the “Your Work” exclusion. More specifically, the court found… Continue reading Eleventh Circuit Rules That Insurer Must Defend Contractor Despite “Your Work” Exclusion, Where Damage Timing Unclear