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
Tag: property damage
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?
The Importance of the Subcontractor Exception to the “Your Work” Exclusion
John J. Kozak, Esq. | Florida Construction Law News | April 24, 2018 Commercial General Liability (CGL) policies typically include a “your work” exclusion, excluding coverage for “’property damage’ to ‘your work’ arising out of it or any part of it and included in the ‘products-completed operations hazard.’” These CGL policies define “your work,” in… Continue reading The Importance of the Subcontractor Exception to the “Your Work” Exclusion
Can a Marijuana Grow Operation Also Be a “Residence”?
Stephanie Poll | Property Insurance Coverage Law Blog | April 25, 2018 The case of Weingarten v. Auto Owners Insurance Company,1 may have raised some interesting ideas about insurance policy interpretation, yet it was ultimately decided by a number of case-specific facts. Connie and Edward Weingarten sued their homeowner’s insurer, Auto-Owners Insurance Company, arguing that the company… Continue reading Can a Marijuana Grow Operation Also Be a “Residence”?
No Coverage for Property that was not Insured’s “Primary Residence” as Described Under the Policy
Marie Laur | Property Insurance Coverage Law Blog | April 8, 2018 A Maryland court recently ruled there was no insurance coverage available to an insured for a loss to her property that was not her primary residence. In the case Liberty Insurance Corp. v. Barnes,1 the district court ruled that the clear language of the policy… Continue reading No Coverage for Property that was not Insured’s “Primary Residence” as Described Under the Policy