Shanti Eagle | Policyholder Perspective | April 26, 2019 Insurers often claim “economic damages” are not covered under a standard commercial general liability (CGL) policy. The Fourth District Court of Appeal’s decision in Thee Sombrero, Inc. v. Scottsdale Ins. Co., 28 Cal. App. 5th 729, 736 (2018) review and request to depublish denied (Jan. 30, 2019), demonstrates that… Continue reading Damages for Permit Revocation Constitute Covered “Loss of Use”
Tag: Loss of Use Damages
Loss of Use can be “Property Damage” under Insurance Policies
Kevin Brodehl | Money & Dirt | February 10, 2019 General liability insurance policies normally cover “property damage.” Physical injury to, or outright destruction of, property almost always fits within policy coverage. But what about situations when the property is not physically injured at all, but the owner has lost important use rights associated with… Continue reading Loss of Use can be “Property Damage” under Insurance Policies
Property Damage Is Not Necessarily Physical In Calif.
Catherine L. Doyle and Jan A. Larson | Jenner & Block LLP | December 10, 2018 In a recent decision, Thee Sombrero Inc. v. Scottsdale Insurance Company, a California appellate court ruled against insurers seeking to limit coverage for loss of use damages related to an ownership interest in tangible property. The appellate court held… Continue reading Property Damage Is Not Necessarily Physical In Calif.
“It’s Cheaper To Kill A Mare In Texas Than It Is To Cripple Her”: Texas Supreme Court Unifies Loss-Of-Use Damages in Property Damage Cases
Patrick McGinnis | Property Insurance Coverage Law Blog | March 11, 2016 Sometimes personal property is partially damaged and sometimes it is completely destroyed. For reasons not altogether clear, the rule in Texas had been that a claimant could only recover loss-of-use damages when his property was partially damaged (capable of repair). A Texas claimant… Continue reading “It’s Cheaper To Kill A Mare In Texas Than It Is To Cripple Her”: Texas Supreme Court Unifies Loss-Of-Use Damages in Property Damage Cases
Texas Rule Change: Supreme Court Holds Loss of Use Damages Are Recoverable Where Property Total Loss
William Craven and Gregory Hudson | Cozen O’Connor | January 15, 2016 In J & D Towing, LLC v. American Alternative Insurance Corporation, No. 14-0574, 2016 WL 91201 (Tex. Jan. 8, 2016), the Texas Supreme Court considered J & D Towing, LLC’s (“J & D”) claim for loss of use damages under its underinsured motorist… Continue reading Texas Rule Change: Supreme Court Holds Loss of Use Damages Are Recoverable Where Property Total Loss