Tamara Boeck | Ahead of Schedule | November 7, 2018 Although it may seem strange at first, the recent ruling by the California Fourth Appellate District Court in Thee Sombrero, Inc. v. Scottsdale Co., (2018 EL 5292072), holding that an insurer must pay for a claim where there was no actual physical property damage, is not… Continue reading California Court Finds Coverage When “Property Damage” Doesn’t Require Physical Injury By Definition
Tag: property damage
Insurer Must Defend Insured Against Construction Defect Claims
Tred R. Eyerly | Insurance Law Hawaii | October 4, 2018 Finding various exclusions inapplicable, the Federal District Court ruled that the insurer owed a defense to the general contractor based upon Texas law. Mt. Hawley Ins. Co. v. Slay Engineering, 2018 U.S. Dist. LEXIS 139363 (W.D. Texas Aug. 15, 2018). Huser Construction had a CGL… Continue reading Insurer Must Defend Insured Against Construction Defect Claims
Court Finds That Limitation on Conditional Use Permit Results in Covered Property Damage Due to Loss of Use
Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonesteel LLP | October 30, 2018 In Thee Sombrero, Inc. v. Scottsdale Ins. Co. (No. E067505, filed 10/25/18), a California appeals court held that a property owner’s loss of the ability to use his property as a nightclub, based on revocation of a city’s conditional use permit… Continue reading Court Finds That Limitation on Conditional Use Permit Results in Covered Property Damage Due to Loss of Use
Florida Department of Insurance Says Anybody Hired By a Licensed Public Adjuster Can Participate in Preparing an Insurance Claim By Writing the Insurance Estimates of Damage
Chip Merlin | Property Insurance Coverage Law Blog | October 18, 2018 The Florida Department of Financial Services (DFS) has issued an email authorizing Florida licensed public adjusters to hire anybody to make estimates of damage. This email corrects my latest two blogs which indicated that the OIR wanted to prevent those not licensed from working on insurance… Continue reading Florida Department of Insurance Says Anybody Hired By a Licensed Public Adjuster Can Participate in Preparing an Insurance Claim By Writing the Insurance Estimates of Damage
Idaho Denied or Delayed Property Damage Claims
Jonathan Bukowski | Property Insurance Coverage Law Blog | October 16, 2018 During the recent Summer 2018 RMAPIA Conference, Larry Bache and I had an opportunity to discuss regulations and remedies available to first party policyholders within the RMAPIA states. Continuing that discussion, this post will review the legal remedies available to Idaho policyholders enduring the frustration of a… Continue reading Idaho Denied or Delayed Property Damage Claims