Eleventh Circuit Defines “Structural Damage” Under An Insurance Policy

A. David Fawal | Butler Snow LLP | April 2, 2015 Although commonly used in insurance policies, the term ” structural damage ” is typically an undefined term, leaving it to insurers, insureds, and sometimes the courts to define. In Florida, federal district courts had come to different conclusions as to the definition, and recently,… Continue reading Eleventh Circuit Defines “Structural Damage” Under An Insurance Policy

Medical Marijuana Grow House Goes “Up In Smoke”

Shaun Marker | Property Insurance Coverage Law Blog | March 2, 2015 You can’t make this stuff up. A marijuana grow house goes “up in smoke”1 and I get to write about it in a property insurance blog! Nationwide Mutual Fire Insurance Company may be off the hook after a recent ruling from the Sixth Circuit… Continue reading Medical Marijuana Grow House Goes “Up In Smoke”

Insurer’s Duty to Defend: When is it Triggered? When is it Not?

Zach McLeroy | Colorado Construction Litigation | Feburary 9, 2015 In Colorado it is well recognized that an insurer has a broad duty to defend its policyholder against pending claims.  An insurer’s duty to defend is triggered when the underlying complaint against the insured alleges any set of facts that might fall within the coverage policy.… Continue reading Insurer’s Duty to Defend: When is it Triggered? When is it Not?

Property Damage to Non-Defective Work Is Covered

Tred Eyerly |  Insurance Law Hawaii | February 18, 2015 The New Hampshire Supreme Court found some of the property damage evolving from the insured’s portion of the work was covered under its liability policy. Cogswell Farm Condo. Ass’n v. Tower Group, Inc., 2015 N.H. LEXIS 3 (N.H. Jan. 13, 2015). Lemery Building Company, Inc. constructed… Continue reading Property Damage to Non-Defective Work Is Covered

No Coverage For Construction Defect Under Illinois Law

Tred R. Eyerly | Insurance Law Hawaii | January 26, 2015 The court followed precedent in Illinois and upheld the insurer’s denial of coverage for construction defects that did not damage other property. Design Concrete Founds., Inc. v. Erie Ins. Prop. & Cas. Co., 2014 Ill. App. Unpub. LEXIS 2684 (Ill Ct. App. Nov. 26, 2014).… Continue reading No Coverage For Construction Defect Under Illinois Law