Denise Marra DePekary and Kenneth Sharperson | Weber Gallagher Simpson Stapleton Fires & Newby Sometimes there is a disagreement between an insurer and an insured regarding the valuation of a property damage claim. To resolve these disputes, many homeowners and commercial property insurance policies contain appraisal provisions that provide an option for the insured or… Continue reading No Expectation of Privacy for Representative of Insurance Company Performing an Appraisal
Tag: Property Damage Claim
Private Statutory Cause of Action Under Florida’s Underground Facility Damage Prevention and Safety Act
David Adelstein | Florida Construction Legal Updates Florida’s Underground Facility Damage Prevention and Safety Act is set forth in Florida Statutes Chapter 556. Any owner or operator of underground infrastructure as well as contractors that perform underground excavation and demolition operations are familiar (or, need to be familiar) with this Act and the requirements it imposes on… Continue reading Private Statutory Cause of Action Under Florida’s Underground Facility Damage Prevention and Safety Act
No Coverage for Home Damaged by Falling Boulders
Tred R. Eyerly | Insurance Law Hawaii The policy’s earth movement exclusion barred coverage for the home damaged by large boulders rolling down from the hillside above. Sullivan v. Nationwide Affinity Ins. Co. of Am., 2021 U.S. App. LEZXIS 628 (10th Cir Jan. 11, 2021). Plaintiffs’ home sustained extensive damage when two… Continue reading No Coverage for Home Damaged by Falling Boulders
In Brief: Commercial General Liability Policies in USA
Mary Beth Forshaw | Simpson Thacher Standard commercial general liability policies Bodily injury What constitutes bodily injury under a standard CGL policy? CGL policies generally provide coverage for bodily injury or property damage sustained by third parties (rather than the policyholder) as a result of an occurrence. Insurance coverage litigation frequently centres on whether the… Continue reading In Brief: Commercial General Liability Policies in USA
Fifth Circuit Holds Insurer Owes Duty to Defend Latent Condition Claim That Caused Fire Damage to Property Years After Construction Work
Jeremy S. Macklin | Traub Lieberman Most general liability policies only provide coverage for “property damage” that occurs during the policy period. Thus, when analyzing coverage for a construction defect claim, it is important to ascertain the date on which damage occurred. Of course, the plaintiffs’ bar crafts pleadings to be purposefully vague as to… Continue reading Fifth Circuit Holds Insurer Owes Duty to Defend Latent Condition Claim That Caused Fire Damage to Property Years After Construction Work