Advise & Consult, Inc. | September 3, 2015 Cosmetic damage (small dents) occurred to a metal roof resulting from a hail storm. The insurer filed a claim with its carrier, Cincinnati Ins. Co., and an insurance adjuster inspected the roof and other than the dents, there was little other evidence of damage. The estimate of… Continue reading Hail Storm “Cosmetic” Damage & Direct “Physical” “Loss”
Tag: property damage
“Dazed and Confused” about Ambiguity in Texas
Patrick C. McGinnis | Property Insurance Coverage Law Blog | July 6, 2015 I have been handling property damage cases since Hurricane Rita hit the Beaumont, Texas area in 2005. Much more prevalent these days are allegations that a provision of the insurance policy is ambiguous, and therefore, must be interpreted in a way more… Continue reading “Dazed and Confused” about Ambiguity in Texas
New York Court: Broadly-Worded Flood Limit “Meaningless” Unless it Applies to Any Kind of Loss Caused by Flood
Dick Bennett | Cozen O’Connor’s Property Insurance Law Observer | July 8, 2015 Yesterday in El-Ad West LLC v. Zurich American Ins. Co., 2015 WL 4078762, 2015 N.Y. App. Div. LEXIS 5753 (Jul. 7, 2015), a unanimous panel of New York’s intermediate level appellate court held that a flood sub-limit capped all loss caused by… Continue reading New York Court: Broadly-Worded Flood Limit “Meaningless” Unless it Applies to Any Kind of Loss Caused by Flood
Texas Court Rejects Ambiguity Arguments Bottomed on a Single Phrase
Dick Bennett | Property Insurance Law Observer | July 7, 2015 Last Thursday in King v. Burwell, 2015 WL 2473448, 2015 U.S. LEXIS 4248 (U.S., Jun. 25, 2015), Chief Justice Roberts explained that “[a] provision that may seem ambiguous in isolation is often clarified by the remainder of the statutory scheme” when construing a law. … Continue reading Texas Court Rejects Ambiguity Arguments Bottomed on a Single Phrase
Is Matching Required in Missouri?
Brandee Bower | Property Insurance Coverage Law Blog | June 29, 2015 In the area of property damage law, one of the hot topics these days is matching. If only a portion of a structure is damaged and the material to be used to repair or replace the damaged portion is no longer available, is the… Continue reading Is Matching Required in Missouri?