Tennessee Supreme Court Holds That Replacement Cost Less Depreciation Does Not Allow for Depreciation of Labor When Calculating Actual Cash Value of a Property Loss

Heidi Hudson Raschke | Property Casualty Focus | May 2, 2019 Insurance policies are designed to indemnify an insured by putting the policyholder in the same position he or she would have been in had no loss occurred. In the context of property insurance policies, damaged property is typically valued based on its estimated actual… Continue reading Tennessee Supreme Court Holds That Replacement Cost Less Depreciation Does Not Allow for Depreciation of Labor When Calculating Actual Cash Value of a Property Loss

Broken Water Main Damage: Flood or Not Flood Under Homeowner’s Insurance Policy?

Paul LaSalle | Property Insurance Coverage Law Blog | May 9, 2019 In a recent court opinion,1 the New Jersey Appellate Division interpreted a homeowner’s insurance policy’s water damage exclusion and determined whether damage from a broken municipal water main under a public street was covered under the policy. In that case, a homeowner brought an… Continue reading Broken Water Main Damage: Flood or Not Flood Under Homeowner’s Insurance Policy?

Collapse Coverage: Second Circuit Holds That Cracking Walls Do Not Constitute “Collapse”

Dina R. Richman | Property Insurance Law Observer | May 6, 2019 Most homeowners’ policies – and property insurance policies in general – contain a limited coverage extension for “collapse.”  The interpretation of that collapse coverage has been litigated around the country for decades, with different jurisdictions reaching considerably different results.  The latest of these… Continue reading Collapse Coverage: Second Circuit Holds That Cracking Walls Do Not Constitute “Collapse”

“That Particular Part” – Yet More

David Smith | Policyholder Perspective | April 30, 2019 Massachusetts Appeals Court Gets It Right – Mostly Hot on the heels of the Federal Tenth Circuit Court of Appeals’ decision in MTI, Inc. v. Employers Insurance Company of Wausau, __ F.3d __, 2019 WL 321423 (10th Cir. 2019) (about which I wrote earlier this month), the Appeals Court… Continue reading “That Particular Part” – Yet More

Will The Additional Insured Endorsement Actually Cover The Claim?

Kenneth Gorenberg | Barnes & Thornburg LLP | April 25, 2019 Imagine this scenario. Your company hires a contractor to do some repair or renovation work. The contract requires the contractor to have commercial general liability insurance and make your company an additional insured under that policy. The contractor does so. Someone is injured on… Continue reading Will The Additional Insured Endorsement Actually Cover The Claim?