New Jersey Denied Property Damage Claims

Nicole Levine | Property Insurance Coverage Law Blog | August 13, 2017 If your home or business is affected by a disaster and you have purchased property damage insurance, you may immediately feel a sign of relief. That relief could be fleeting, upon a discovery that the promptly submitted insurance claim has been denied. Immediately… Continue reading New Jersey Denied Property Damage Claims

Seventh Circuit Confirms Additional Insured’s Coverage for Alleged Construction Defects

Tred Eyerly | Insurance Law Hawaii | August 9, 2017 The Seventh Circuit held that the underlying complaint alleged an occurrence by asserting that the painting subcontractor was negligent in causing damage to the building. Westfield Ins. Co. v. Nat’l Decorating Serv., Inc., 2017 U.S. App. LEXIS 12516 (7th Cir. July 13, 2017). McHugh Construction, the… Continue reading Seventh Circuit Confirms Additional Insured’s Coverage for Alleged Construction Defects

Use It or Lose It: California Court of Appeal Addresses Statutes of Limitations for Latent Construction Defects and Damage to Real Property

Omar Parra and Jesse M. Sullivan | Haight, Brown & Bonesteel | August 2, 2017 The First Appellate District of the California Court of Appeal recently confirmed California’s latent defect statute of limitations, codified in California Code of Civil Procedure section 337.15, bars only claims based on construction defects. Estuary Owners Association v. Shell Oil Company,… Continue reading Use It or Lose It: California Court of Appeal Addresses Statutes of Limitations for Latent Construction Defects and Damage to Real Property

The Importance of Careful Coverage Analysis

Heather Howell Wright | Bradley | July 2017 Ohio has joined the majority of jurisdictions in holding that a general liability policy may provide coverage for claims made by a project owner for property damage allegedly caused by the defective work of a subcontractor. In Ohio Northern Univ. v. Charles Constr. Serv., Inc., an Ohio appeals court… Continue reading The Importance of Careful Coverage Analysis

Calculating Actual Cash Value, Part 26: Montana

Shane Smith | Property Insurance Coverage Law Blog | July 5, 2017 In Montana, a jury may consider all relevant evidence when determining the actual cash value of the property damaged or destroyed.1 Under the broad evidence rule, the trier of fact “may consider any evidence logically tending to the formation of a correct estimate of… Continue reading Calculating Actual Cash Value, Part 26: Montana