Patrick McGinnis | Property Insurance Coverage Law Blog | March 11, 2016 Sometimes personal property is partially damaged and sometimes it is completely destroyed. For reasons not altogether clear, the rule in Texas had been that a claimant could only recover loss-of-use damages when his property was partially damaged (capable of repair). A Texas claimant… Continue reading “It’s Cheaper To Kill A Mare In Texas Than It Is To Cripple Her”: Texas Supreme Court Unifies Loss-Of-Use Damages in Property Damage Cases
Tag: property damage
OCIP Liability Insurer Required to Indemnify Florida Contractor for $23M in Property Damage Arising out of Defective Subcontractor Work
Jeffery R. Mullen | Pepper Hamilton LLP | March 14, 2016 Pavarini Construction Co. v. Ace American Insurance Co., 2015 U.S. Dist. LEXIS 151247 (S.D. Fla. Oct. 29, 2015) This action arose out of a construction project to build a 63-story luxury condominium tower located in Miami, Florida (“Project”). Pavarini Construction Co. (“Pavarini”) was the general… Continue reading OCIP Liability Insurer Required to Indemnify Florida Contractor for $23M in Property Damage Arising out of Defective Subcontractor Work
Efficient Proximate Cause Doctrine in California
Kenneth Kan | Property Insurance Coverage Law Blog | February 22, 2016 How should coverage be determined if a loss is caused by a combination of both covered and excluded risks? Two months ago, in Vardanyan v. Amco Insurance Company,1 a California Court of Appeal issued an important decision addressing this issue. The court reaffirmed… Continue reading Efficient Proximate Cause Doctrine in California
Water Property Damage Losses Report Released
Nicole Vinson | Property Insurance Coverage Law Blog | February 13, 2016 Insurance Companies are in the business to make a profit. This is no secret. Policyholders believe that if they buy insurance and have a covered loss, the insurance for that damage should kick in. This is a basic understanding. Insurance companies in Florida… Continue reading Water Property Damage Losses Report Released
Texas Rule Change: Supreme Court Holds Loss of Use Damages Are Recoverable Where Property Total Loss
William Craven and Gregory Hudson | Cozen O’Connor | January 15, 2016 In J & D Towing, LLC v. American Alternative Insurance Corporation, No. 14-0574, 2016 WL 91201 (Tex. Jan. 8, 2016), the Texas Supreme Court considered J & D Towing, LLC’s (“J & D”) claim for loss of use damages under its underinsured motorist… Continue reading Texas Rule Change: Supreme Court Holds Loss of Use Damages Are Recoverable Where Property Total Loss