Ashley L. Buck (Wilkinson) | Clark Hill In Pennsylvania, statutes of repose materialized in the 1960s in large part as a result of the construction industry’s concerns with respect to ongoing liability for latent defects. Pennsylvania’s Home Inspection Law provides that an action to recover monetary damages arising from a home inspection report must be… Continue reading Statutes Of Repose
Tag: insurance
Florida Appellate Court Confirms Insurer Cannot Waive Residency Requirement in Homeowners Policy
Stephanie Roman | Property Insurance Law Observer Florida’s Fourth District Court of Appeal recently clarified the enforceability of the “residence-premises” requirement in homeowners’ insurance policies. In Universal Property & Casualty Insurance Company v. Boniface Jean, the appellate court reversed a jury verdict in favor of the homeowner, holding that coverage cannot be created by waiver when… Continue reading Florida Appellate Court Confirms Insurer Cannot Waive Residency Requirement in Homeowners Policy
A Permissive Appraisal Provision Does Not Constitute a Condition Precedent
Scott Keffer | Zelle The U.S. District Court for the Northern District of Texas, Fort Worth Division, recently granted an insurer’s motion for summary judgment, rejecting the insured’s argument that the contractual limitations period (2 years + 1 day) contained in its policy was unlawful and that the policy’s appraisal provision constituted a condition precedent… Continue reading A Permissive Appraisal Provision Does Not Constitute a Condition Precedent
Dents Don’t Count: Court Clarifies Hail Damage Coverage
Joshua Tumen | Property Insurance Law Observer In Cannon Falls Area Schools v. Hanover American Insurance Company (2025 WL 2976533 (D. Minn. 2025)), the United States District Court for the District of Minnesota held that a property insurer properly denied coverage pursuant to a cosmetic damage exclusion because hail indentations to roofs affected only their appearance, not… Continue reading Dents Don’t Count: Court Clarifies Hail Damage Coverage
Beware the Rise in Unproven ‘Brittleness Test’ for Roof Shingle Claims
George Miles | Claims Journal A few years ago, in the early 2020s, it was not unusual to hear about or even see roofing workers in Florida deliberately manipulating roof shingles to make it appear that the roof was damaged by storm winds. I saw evidence of this as I inspected homes around the state… Continue reading Beware the Rise in Unproven ‘Brittleness Test’ for Roof Shingle Claims