Spoliation: A Non-Party’s Potential Duty to Preserve Evidence

Kyle Staggs | Property Insurance Coverage Law Blog | December 2, 2019 It is not uncommon in a condominium complex for a unit to be damaged due to a failure in a neighboring unit. With units tightly packed together, water can quickly flow from one unit to another, causing damage along the way. Determining the… Continue reading Spoliation: A Non-Party’s Potential Duty to Preserve Evidence

Economic Loss Not Property Damage

Tred R. Eyerly | Insurance Law Hawaii | August 26, 2019     The Fifth Circuit agreed with the district court that the insured subcontractor’s economic losses did not amount to covered property damage. Greenwich Ins. Co. v. Capsco Industries, Inc., 2019 U.S. App. LEXIS 23949 (5th Cir. Aug 12, 2019).     Capsco Industries, Inc.… Continue reading Economic Loss Not Property Damage

Are Repair Costs Covered Damages Under a Liability Policy?

Larry P. Schiffer | Squire Patton Boggs | September 27, 2019 Liability policies cover sums an insured becomes legally obligated to pay to a third-party as damages for a loss. Typically, there is no coverage in a liability policy for expenses incurred by the insured to repair damage to the insured’s own property. Additionally, nearly… Continue reading Are Repair Costs Covered Damages Under a Liability Policy?

PA Superior Court Provides Clarification on Definition of CGL “Occurrence” When Property Damage Is Caused by Faulty Building Conditions

Anthony L. Miscioscia and Konrad R. Krebs | White and Williams | July 25, 2019 The standard for an “occurrence” under a commercial general liability (CGL) insurance policy has been addressed on several occasions by Pennsylvania courts when an insured has allegedly performed faulty workmanship on a construction project. Specifically, in Pennsylvania, a claim for… Continue reading PA Superior Court Provides Clarification on Definition of CGL “Occurrence” When Property Damage Is Caused by Faulty Building Conditions

The New Water Damage Limitation and Other Non-Traditional Coverage Gaps

Chip Merlin | Property Insurance Coverage Law Blog | August 29, 2019 Public adjuster Guy Cohen and I discussed various issues of property insurance and adjustment at a recent lunch. He raised a very serious topic of coverage gaps being created in the small print of property insurance policies which Florida insurance regulators are allowing… Continue reading The New Water Damage Limitation and Other Non-Traditional Coverage Gaps