The Water Damage Exclusion And Your Commercial Property Insurance

Schwartz, Conroy & Hack An all-risk commercial property insurance policy does not, in fact, cover all risks. Every property insurance policy has exclusions, and one of the most common – and most often disputed – is the water damage exclusion. What is a water damage exclusion clause? A water damage exclusion clause bars coverage for… Continue reading The Water Damage Exclusion And Your Commercial Property Insurance

There’s No Place Like Home! Kansas Federal Court Holds Homeowner’s Policy Coverage Requires Policyholder to Physically Reside at Residence

Vincent Passarelli | Property Insurance Law Observer A federal court recently held that an insurer may deny coverage under a homeowner’s policy for a “residence premises” when the insured never actually lived at the premises. In Sina Davani v. Travelers Personal Insurance Company and Geico Insurance Agency, LLC, Case No. 22-1244 (D. Kan. October 26, 2023),… Continue reading There’s No Place Like Home! Kansas Federal Court Holds Homeowner’s Policy Coverage Requires Policyholder to Physically Reside at Residence

False Claims Act Investigation Is Covered Under Insured’s D&O Policy, Court Says

Lilit Asadourian and Alice Kyureghian | Barnes & Thornburg Highlights The Delaware Supreme Court affirmed a summary judgment ruling against ACE, finding that the professional services exclusion in ACE’s management liability insurance policy does not apply to bar coverage for a False Claims Act (FCA) investigation against Guaranteed Rate. This landmark case carries substantial precedential… Continue reading False Claims Act Investigation Is Covered Under Insured’s D&O Policy, Court Says

Jury’s Verdict for Loss Caused by Collapse Overturned

Tred R. Eyerly | Insurance Law Hawaii     The Florida Court of Appeal overturned the jury’s verdict findng loss caused by collapse. Universal Prop. & Cas. Ins. Co. v. Caboverde, 2023 Fla. App. LEXIS 4474 (Fla. Ct. App. June 28, 2023).     The insured homeowners had two claims. One was a 2016 ceiling collapse;… Continue reading Jury’s Verdict for Loss Caused by Collapse Overturned

The Impact of Conflict of Law on Insurance Claims

John Koch | Flaster Greenberg When determining whether insurance coverage exists for a claim, a crucial consideration is whether the claim involves an event or occurrence that took place in a state other than where the relevant policy was delivered. This is often the case for large companies with national operations or markets. When this… Continue reading The Impact of Conflict of Law on Insurance Claims