Compliance with Building Code Included in Property Damage

Tred R. Eyerly | Insurance Law Hawaii | February 5, 2018 A Circuit Court in Florida issued a final judgment determining that the insured’s obligation to comply with building code provisions was included in the property damage experienced. Pin-Pon Corp. v. Landmark, Am. Ins. Co., No. 312009CA012244 (Fla. Cir. Ct. Dec. 28, 2017). The decision is here.… Continue reading Compliance with Building Code Included in Property Damage

California Department of Insurance Provides Notice that Mudslides are Covered Losses

Denise Sze | Property Insurance Coverage Law Blog | February 7, 2018 Southern Californians impacted by the mudslides that followed the devastating wildfires in Ventura and Santa Barbara may see some light at the end of the tunnel with the big question of whether insurers will cover their mudslide loss. Over the last few week… Continue reading California Department of Insurance Provides Notice that Mudslides are Covered Losses

Absent a Specific Definition, Leakage Generally Refers to Low Volume or Gradual Event

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

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