Paul LaSalle | Property Insurance Coverage Law Blog | October 13, 2019 In a recent case, a federal appeals court held that named insureds’ son and daughter-in-law were required to submit to an examination under oath (“EUO”) because they resided in the insureds’ house, and that their failure to do so precluded recovery on the… Continue reading Are My Children and Their Spouses Required to Submit to an Examination Under Oath for My Property Damage Claim?
Tag: Property Damage Claim
“Rip-and-Tear Damages” In Construction: A Roadmap For Coverage Where None Existed?
Ashley Veitenheimer | Kane Russell Coleman Logan | May 22, 2019 The insuring agreement in most commercial general liability policies states that the carrier “will pay those sums that the insured becomes legally obligated to pay as damages because of…’property damage’ to which this insurance applies.” In addition, most policies exclude coverage for the defective work… Continue reading “Rip-and-Tear Damages” In Construction: A Roadmap For Coverage Where None Existed?
Eleventh Circuit Rules That Insurer Must Defend Contractor Despite “Your Work” Exclusion, Where Damage Timing Unclear
Michael S. Levine and David M. Costello | Hunton Andrews Kurth | April 16, 2019 The Eleventh Circuit has reversed an insurer’s award of summary judgment after finding that uncertainty about when the alleged property damage occurred raised questions about whether the damage came within the scope of the “Your Work” exclusion. More specifically, the court found… Continue reading Eleventh Circuit Rules That Insurer Must Defend Contractor Despite “Your Work” Exclusion, Where Damage Timing Unclear
Tennessee Supreme Court Holds That Replacement Cost Less Depreciation Does Not Allow for Depreciation of Labor When Calculating Actual Cash Value of a Property Loss
Heidi Hudson Raschke | Property Casualty Focus | May 2, 2019 Insurance policies are designed to indemnify an insured by putting the policyholder in the same position he or she would have been in had no loss occurred. In the context of property insurance policies, damaged property is typically valued based on its estimated actual… Continue reading Tennessee Supreme Court Holds That Replacement Cost Less Depreciation Does Not Allow for Depreciation of Labor When Calculating Actual Cash Value of a Property Loss
Statutory Interest Series: Michigan
Beaujeaux de Lapouyade | Property Insurance Coverage Law Blog | May 16, 2019 Prompt-pay laws are important to a policyholder’s rights to recover insurance benefits following a wrongful denial or delay in payment of a property damage claim. Prompt-pay laws vary from state to state. The implementation of statutory prompt-pay laws is critical to a… Continue reading Statutory Interest Series: Michigan