Gary L. Wickert | Claims Journal | April 4, 2019 It remains one of the most difficult issues to deal with in the world of property insurance. Homeowners’ insurance policies usually contain a provision obligating the carrier to repair or replace an insured’s damaged property with “material of like kind and quality” or with “similar… Continue reading ‘Matching Regulations’ Affecting Homeowners’ Insurance Claims: Viewpoint
Tag: property damage
Appellate Court asks Florida Supreme Court: What Kind of Damages Are Repair Costs?
Amandeep S. Kahlon | Bradley Arant Boult Cummings | February 26, 2019 On January 25, 2019, a Florida appellate court certified the following question to the Florida Supreme Court: WHERE A CONTRACT EXPRESSLY REQUIRES A PARTY TO INSPECT, MONITOR, AND OBSERVE CONSTRUCTION WORK AND TO DETERMINE THE SUITABILITY OF MATERIALS USED IN THE CONSTRUCTION, BUT… Continue reading Appellate Court asks Florida Supreme Court: What Kind of Damages Are Repair Costs?
Ice Dammed If You Do, Ice Dammed If You Don’t
Michael Duonocore | Property Insurance Coverage Law Blog | February 8, 2019 This time of year, the northeast of the United States starts to feel insufferably cold, followed up by winter storms which can dump anywhere from an inch to three feet of snow at a time. The snow can be a welcomed arrival in… Continue reading Ice Dammed If You Do, Ice Dammed If You Don’t
Developer’s Failure to Plead Amount of Damages in Cross-Complaint Fatal to Direct Action Against Subcontractor’s Insurers Based on Default Judgment
Christopher Kendrick and Valerie A. Moore | Haight Brown and Bonesteel LLP | January 7, 2019 In Yu v. Liberty Surplus Ins. Corp. (No. G054522, filed 12/11/18), a California appeals court held that a developer’s failure to allege the amounts of damages sought in its cross-complaint rendered default judgments against a subcontractor void and, therefore, unenforceable against… Continue reading Developer’s Failure to Plead Amount of Damages in Cross-Complaint Fatal to Direct Action Against Subcontractor’s Insurers Based on Default Judgment
Property Damage Is Not Necessarily Physical In Calif.
Catherine L. Doyle and Jan A. Larson | Jenner & Block LLP | December 10, 2018 In a recent decision, Thee Sombrero Inc. v. Scottsdale Insurance Company, a California appellate court ruled against insurers seeking to limit coverage for loss of use damages related to an ownership interest in tangible property. The appellate court held… Continue reading Property Damage Is Not Necessarily Physical In Calif.