Kesha Hodge | Property Insurance Coverage Law Blog | January 15, 2018 Water damage from a broken water supply line is one of the most frequent homeowner’s insurances claims. Quite often, an insurance carrier will assert there is no coverage for the resulting damage by citing to a “leakage” exclusion. In one such instance, while… Continue reading Absent a Specific Definition, Leakage Generally Refers to Low Volume or Gradual Event
Tag: property damage
7th Circuit: Damage to Property Exclusion Applies Broadly to Damage Caused by Defective Work
Melissa Brill and Alexander Selarnick | Cozen O’Connor | January 8, 2018 On December 18, 2017, the U.S. Court of Appeals for the Seventh Circuit issued a decision that will impact insurance coverage for property damage claims, especially in Illinois. In W. Side Salvage, Inc. v. RSUI Indem. Co., the Seventh Circuit, applying Illinois law, held… Continue reading 7th Circuit: Damage to Property Exclusion Applies Broadly to Damage Caused by Defective Work
Negligent Misrepresentation Claim Does Not Allege Property Damage, Barring Coverage
Tred R. Eyerly | Insurance Law Hawaii | December 18, 2017 The Tennessee Court of Appeals reversed the trial court’s determination that the seller’s alleged negligent misrepresentation regarding the propensity of the property to flood was covered. Erie Ins. Exh. v. Maxwell, 2017 Tenn. App. LEXIS 746 (Tenn. Ct. App. Nov. 15, 2017). The Chapmans purchased… Continue reading Negligent Misrepresentation Claim Does Not Allege Property Damage, Barring Coverage
When Should an Accident be an Accident?
Charles P. Edwards | Barnes & Thornburg LLP | November 27, 2017 Standard commercial general liability (CGL) insurance policies provide coverage for damages the policyholder is legally obligated to pay because of property damage or bodily injury caused by an “occurrence.” CGL policies typically define “occurrence” as an “accident.” Courts define an accident as “an… Continue reading When Should an Accident be an Accident?
Production of Pre-Denial Claim File Compelled
Tred R. Eyerly | Insurance Law Hawaii | November 20, 2017 The appellate court found that the claims file that existed before the insurer’s denial was discoverable. Cascade Builders Corp. v. Rugar, 2017 N.Y. App. Div. LEXIS 7357 (N.Y. App. Div.. Oct. 19, 2017). Cascade Builders was the general contractor for the homeowners. In May 2011,… Continue reading Production of Pre-Denial Claim File Compelled