Substantial Damage, Substantial Structural Damage, Wind Damage, Flood Damage…. Damage Anyway!

Deborah Trotter | Property Insurance Coverage Law Blog | June 27, 2019 Hurricane Michael has left a familiar mark on the Florida Panhandle. Much like Hurricanes Katrina and Ike, Hurricane Michael brought devasting winds followed by wind and flooding and more wind. Battered homes and businesses are assessed in the aftermath in an attempt to… Continue reading Substantial Damage, Substantial Structural Damage, Wind Damage, Flood Damage…. Damage Anyway!

New York Court Holds That the “Lesser of Two” Doctrine Limits Recoverable Damages in Subrogation Actions

Michael DeBona | White and Williams | June 12, 2019 In New York Cent. Mut. Ins. Co. v. TopBuild Home Servs., Inc., 2019 U.S. Dist. LEXIS 69634 (April 24, 2019), the United States District Court for the Eastern District of New York recently held that the “lesser of two” doctrine applies to subrogation actions, thereby limiting… Continue reading New York Court Holds That the “Lesser of Two” Doctrine Limits Recoverable Damages in Subrogation Actions

Can My Business Recover Additional Income Loss If Code Upgrades Are Delaying the Time to Complete Repairs?

Iris Kuhn | Property Insurance Coverage Law Blog | May 31, 2019 Business Interruption coverage protects the potential earnings of the insured business while its operations are suspended as a result of damage caused by a covered peril. The period of restoration has a direct effect on the actual loss suffered. A typical definition in… Continue reading Can My Business Recover Additional Income Loss If Code Upgrades Are Delaying the Time to Complete Repairs?

Subcontractor Entitled to Defense for Defective Work Causing Property Damage Beyond Its Scope of Work

Tred R. Eyerly | Insurance Law Hawaii | May 1, 2019     The Illinois Court of Appeals found the subcontractor was owed a defense for alleged property damage caused by its faulty workmanship, but outside its scope of work. Acuity Ins. Co. v. 950 W. Huron Condo. Ass’n, 2019 Ill. App. LEXIS 208 (Ill. Ct.… Continue reading Subcontractor Entitled to Defense for Defective Work Causing Property Damage Beyond Its Scope of Work

“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?