Timothy Burchard | Property Insurance Coverage Law Blog | August 24, 2018 Many of us in Central Colorado remember the hail storm that wreaked havoc on the Denver metro area in May 2017. What happens when hailstorm damage to your property does not manifest itself for a period of months, or even a year later?… Continue reading Colorado Notice Standard Update For Residential and Commercial Property Damage
Tag: property damage
Tennessee Court of Appeals Holds Defendant Has the Burden of Offering Alternative Measure of Damages to Prove that Plaintiff’s Measure of Damages is Unreasonable
Gus Sara | The Subrogation Strategist | July 5, 2018 In Durkin v. MTown Construction, LLC, 2018 Tenn. App. LEXIS 128, the Court of Appeals of Tennessee considered whether the lower court properly took judicial notice of an alternative measure of damages to the measure of damages advanced by the plaintiff. The Court of Appeals held… Continue reading Tennessee Court of Appeals Holds Defendant Has the Burden of Offering Alternative Measure of Damages to Prove that Plaintiff’s Measure of Damages is Unreasonable
Policyholder Attorneys: Be Careful Playing the Odds During Trial on First-Party Coverage Disputes – It Could Land You Right Back in Front of a Jury
Erin Dunnavant | Property Insurance Coverage Law Blog | July 7, 2018 On July 5, 2018, the Fourth District Court of Appeals, (“Fourth DCA”) reversed a jury’s verdict for Homeowner Sanjay Kuwas based on his counsel’s improper arguments and examination of his insurance company’s litigation manager during trial.1 Kuwas’ home suffered property damage due to… Continue reading Policyholder Attorneys: Be Careful Playing the Odds During Trial on First-Party Coverage Disputes – It Could Land You Right Back in Front of a Jury
All “Hail” the Importance of Documenting Claims
Stephen S. Asay | Pillsbury | June 29, 2018 A recent case in the Fifth Circuit, Certain Underwriters at Lloyd’s of London v. Lowen Valley View, L.L.C., provides a valuable reminder to policyholders of the importance of promptly investigating any event that could cause damage, documenting that damage shortly after it occurs, and putting insurers on… Continue reading All “Hail” the Importance of Documenting Claims
When Does Time Start to Run for Limitation Purposes in Property Damage Claims Based on Negligence?
Seán Barton and Barrett Chapman | McCann FitzGerald | June 12, 2018 In a recent case, the Supreme Court has confirmed that time starts to run for limitation purposes in property damage claims based on negligence from the date when the damage is manifest. In Brandley v Deane 1 a property developer brought proceedings in negligence against… Continue reading When Does Time Start to Run for Limitation Purposes in Property Damage Claims Based on Negligence?