Adele Ridenour | The Policyholder Report | May 11, 2017 Yesterday, the Oregon Court of Appeals dealt a hefty blow to insurance companies seeking to exclude coverage for property damage to multi-family dwellings and for awards of attorney fees. In Hunters Ridge Condominium Ass’n v. Sherwood Crossing, LLC, the Oregon Court of Appeals held that… Continue reading Not so Fast Insurance Company, that Judgment Against your Insured May in Fact be Covered
Tag: property damage
New York Court Upholds Suit Limitation Period, Ruling Appraisal is Not a Condition Precedent to Filing Suit
Heidi Hudson Raschke | PropertyCasualtyFocus | April 21, 2017 Courts will generally uphold reasonable suit limitation periods in property insurance policies, if the insurer does not affirmatively waive or extend them. In MZM Real Estate Corp. v. Tower Ins. Co. of New York, No. 452741/2015 (N.Y. Sup. Ct. April 11, 2017), a New York court… Continue reading New York Court Upholds Suit Limitation Period, Ruling Appraisal is Not a Condition Precedent to Filing Suit
Faulty House Inspection did not Cause Property Damage 11th Cir, Florida
Jody Nathan | Reinsurance Law Blog | April 19, 2017 In Auto-Owners Insurance Co. v. Ralph Gage Contracting Inc., the Kjellanders sued Gage after he inspected a house they wanted to buy and gave it a positive report. The Kjellanders claimed the house had mold and a bad HVAC system, and they wouldn’t have bought… Continue reading Faulty House Inspection did not Cause Property Damage 11th Cir, Florida
Seventh Circuit Finds Faulty Work Not a Covered “Occurrence”
Traub Lieberman Straus & Shrewsberry LLP | March 21, 2017 In Allied Prop. & Cas. Ins. Co. v. Metro North Condo. Ass’n, No. 16-1868, 2017 U.S. App. LEXIS 4107 (7th Cir. Mar. 8, 2017), the Seventh Circuit had occasion to consider whether claims of faulty workmanship could constitute “property damage” caused by an “occurrence” as… Continue reading Seventh Circuit Finds Faulty Work Not a Covered “Occurrence”
Insureds Cannot Shift Burden to Indentify Claimed Damage
Summer L. Frederick | Zelle LLP | March 17, 2017 The first-party insurance claims process has always been pretty simple for the typical insured: call the agent to report a claim, identify and quantify the claimed damage, work cooperatively with the insurance adjuster to support the claimed damage, and hire contractors to repair the damage.… Continue reading Insureds Cannot Shift Burden to Indentify Claimed Damage