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
Tag: property damage
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?
Florida Appellate Court Rejects Bid to Curb Insureds’ Assignments to Contractors
Daniel G. Enriquez | PropertyCasualtyFocus | June 29, 2015 Many property insurance policies contain terms that prohibit assignment, but Florida law has long deemed those terms inoperative once a loss has occurred. E.g., W. Fla. Grocery Co. v. Teutonia Fire Ins. Co., 74 Fla. 220 (Fla. 1917). As a result, contractors who repair or remediate… Continue reading Florida Appellate Court Rejects Bid to Curb Insureds’ Assignments to Contractors
CGL Policy Did Not Afford Coverage For An Underlying Construction Defect Action Because The Alleged Property Damage Was Discovered After The Policy Period And The Total Residential Construction Exclusion Was Implicated
Troutman Sanders | June 5, 2015 Atain Specialty Ins. Co. v. North Bay Waterproofing, 2015 U.S. Dist. LEXIS 11404 (N.D. Cal. Jan. 30, 2015) In Atain Speciality, the Northern District of California entered a default judgment in favor of the insurer because the damages alleged in an underlying construction defect action were not discovered until… Continue reading CGL Policy Did Not Afford Coverage For An Underlying Construction Defect Action Because The Alleged Property Damage Was Discovered After The Policy Period And The Total Residential Construction Exclusion Was Implicated
Under Flood Policy, Land is Not Considered Insured Property
Robert Trautmann | Property Insurance Coverage Law Blog | May 13, 2015 Floods do all sorts of damage. One aspect of damage often overlooked is when the flood removes property from one property owner’s land and deposits it on another’s land. Depending on where your property is located and the severity of the flood event, the… Continue reading Under Flood Policy, Land is Not Considered Insured Property