Tag: property damage

Ninth Circuit Holds That Despite ‘Known Damage’ Exclusion Insurer Had Duty Under Oregon Law to Indemnify and Defend Contractor When Property Damage Resulted From Contractor’s Negligent Repair of a Prior Negligent Act

Alex Corey | Constructlaw | June 22, 2017 Alkemade v. Quanta Indem. Co., 2017 U.S. App. LEXIS 6896 (9th Cir. Apr. 20, 2017) In 1994, Adrianus and Rachelle Alkemade (the “Alkemades”) bought a house from Meltebeke Built Paradise Homes (“Meltebeke”). The home was built on expanding soils, causing significant structural damage.  Meltebeke repaired the existing… Continue reading Ninth Circuit Holds That Despite ‘Known Damage’ Exclusion Insurer Had Duty Under Oregon Law to Indemnify and Defend Contractor When Property Damage Resulted From Contractor’s Negligent Repair of a Prior Negligent Act

Does Actual Cash Value Mean Fair Market Value or Replacement Cost minus Depreciation?

Kevin Pollack | Property Insurance Coverage Law Blog | June 4, 2017 What is an insured, who has an “actual cash value” property insurance policy, entitled to recover when their property is damaged, but not a total loss? Is the insured entitled to the cost to repair/replace the property minus depreciation? Or is the insured’s… Continue reading Does Actual Cash Value Mean Fair Market Value or Replacement Cost minus Depreciation?

The Interplay Between Property Damage Caused by an Explosion and Coverage

Stephanie Poll | Property Insurance Coverage Law Blog | June 9, 2017 Insurance provisions related to explosions, like all other terms, are subject to the rules of construction applied to all insurance contracts. Typically, property damage caused by explosions is covered under the policy. However, some policies may expressly define the term “explosion” to exclude… Continue reading The Interplay Between Property Damage Caused by an Explosion and Coverage

Prior Knowledge of Risk of Property Damage Not Enough to Preclude Coverage by Known Loss Provision

Katie M. Sluss | Cozen O’Connor | May 31, 2017 Last month, the Ninth Circuit Court of Appeals, in an unpublished decision of first impression under Oregon law, held that damage sustained after a negligent repair is not a continuation, change, or resumption of known property damage. Alkemade v. Quanta Indemnity Co., No. 14-35605, 2017… Continue reading Prior Knowledge of Risk of Property Damage Not Enough to Preclude Coverage by Known Loss Provision

Building Damage Caused by Copper Theft Is Not Excluded

Christina Phillips | Property Insurance Coverage Law Blog | May 20, 2017 Theft of copper wiring or piping is a loss that impacts many in urban areas, but whether there is coverage for the loss is usually dependent upon the specific language of the insurance policy. This issue was recently addressed by the Tennessee Court… Continue reading Building Damage Caused by Copper Theft Is Not Excluded