Jeremy Macklin | Traub Lieberman Straus & Shrewsberry 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… Continue reading Fifth Circuit Holds Insurer Owes Duty to Defend Latent Condition Claim That Caused Fire Damage to Property Years After Construction Work
Tag: Property Damage Claim
Illinois Federal Court Determines if Damages Are Too Remote
Lian Skaf | The Subrogation Strategist Foreseeability is a tort concept that tends to permeate several aspects of legal analysis, often causing confusion in litigants’ interpretation of, and courts’ application of, foreseeability to their cases. In Cincinnati Ins. Co. v. Progress Rail Services. Corp., 2020 U.S. Dist. LEXIS 73967 (C.D. Ill.), the United States District Court for… Continue reading Illinois Federal Court Determines if Damages Are Too Remote
Not All Damages Are Created Equal – the Proper Application of the Economic Loss Doctrine
Rahul Gogineni | The Subrogation Strategist In William Lansing v. Doe, 2019 Ore. App. LEXIS 1564, the Court of Appeals of Oregon considered whether the Economic Loss Doctrine (ELD) applied to the plaintiff’s claims based on purportedly faulty construction work in a home. In determining that damage to persons or property is not a purely economic loss… Continue reading Not All Damages Are Created Equal – the Proper Application of the Economic Loss Doctrine
Illinois Appellate Court Clarifies What Is and Is Not an “Occurrence” in the Construction Defect Context
Marianne Bradley and Anthony Miscioscia | White and Williams LLP On December 31, 2019, the First District Illinois Appellate Court issued its decision in Owners Insurance Company v. Precision Painting & Decorating Corporation, clarifying what does and does not constitute “property damage” caused by an “occurrence” in the construction defect context. 2019 IL App. (1st) 190926-U,… Continue reading Illinois Appellate Court Clarifies What Is and Is Not an “Occurrence” in the Construction Defect Context
If I Start Making Repairs, Does It Affect My Insurance Claim?
J. Ryan Fowler | Property Insurance Coverage Law Blog | November 8, 2019 One question I get asked by clients after a storm has damaged their home is: “Can I start making repairs?” This can be a difficult question as the real-world factors of cost, time, availability of materials, and labor are important considerations. It… Continue reading If I Start Making Repairs, Does It Affect My Insurance Claim?