Novera H. Ahmad | PropertyCasualtyFocus The Second Appellate District of the California Court of Appeal recently affirmed a lower court ruling that wildfire debris on an insured’s property did not qualify as “direct physical loss” within the meaning of a homeowners insurance policy, as there was no burn damage to the property. The ruling, Gharibian v.… Continue reading California Appellate Court Rules Wildfire Debris Does Not Qualify as “Direct Physical Loss” Under Homeowners Insurance Policy
Tag: insurance
A Warning To Carriers On The Risks Of Undefined Terms In Policies
Erik Tomberg and Spencer Hoisington | Wilson Elser On December 13, 2024, the North Carolina Supreme Court issued a ruling in a business interruption coverage case that strayed from the national trend of courts finding in favor of insurance carriers following government-ordered business closures during the COVID-19 pandemic. Specifically, in North State Deli, LLC, et… Continue reading A Warning To Carriers On The Risks Of Undefined Terms In Policies
SDV’s 2025 Contractor’s Checklist for Owner-Placed Builder’s Risk Insurance
Will S. Bennett adn Jeremiah M. Welch | Saxe Doernberger & Vita Builder’s risk policies are manuscript and complex, and many contractors don’t fully understand the nuances of how and where the coverages they need come from in the policy. Time and again we see contractors taking risk contractually that builder’s risk insurance could have… Continue reading SDV’s 2025 Contractor’s Checklist for Owner-Placed Builder’s Risk Insurance
Middle District of Florida Disregards Other Insurance Clause Where Subcontractor Contractually Promised to Indemnify General Contractor
Traub Lieberman In Clear Blue Ins. Co. v. Gemini Ins. Co., No. 8:22-cv-1711-TPB-AEP, 2024 U.S. Dist. LEXIS 57340 (M.D. Fla. Mar. 29, 2024), the Court was faced with competing summary judgment motions with each party arguing coverage under the others’ policy applied after the subcontractor’s primary policy was exhausted. CPWR LLC, d/b/a Capital Contractor Services (“CCS”) contracted… Continue reading Middle District of Florida Disregards Other Insurance Clause Where Subcontractor Contractually Promised to Indemnify General Contractor
Insureds’ Not Entitled to Recovery for Partial Collapse
Tred R. Eyerly | Insurance Law Hawaii The Sixth Circuit affirmed the District Court’s decision that the insureds could not recover for a partial collapse of a wall. Builders Mut. Ins. Co. v. GCC Construction, LLC, 2024 U.S. App. LEXIS 31518 (6th Cir. Dec. 11, 2024). Tahini Main Street bought a century-old building… Continue reading Insureds’ Not Entitled to Recovery for Partial Collapse