Insured Wins Because “Decay” and “Rot” Don’t Have to Mean the Same Thing

Dwain Clifford | The Policyholder Report | April 11, 2019 Earlier this week, the Washington Court of Appeals affirmed the bedrock principle in insurance-coverage cases that insurers will always lose when a genuine ambiguity controls whether an insurer will have to pay a claim. The ambiguity in this case arose both from lexicographers’ habit of… Continue reading Insured Wins Because “Decay” and “Rot” Don’t Have to Mean the Same Thing

Common Sense Prevails: State of Collapse Nonexistent Thirteen Years before Discovery of Decay

Craig Bennion | Property Insurance Law Observer | February 8, 2016 For years, property insurance policies that exclude rot damage have been called upon to cover rot because the policies extend coverage to “collapse”—an undefined term—caused by hidden decay, even if the structure remains standing and in use. The Homeowners Association of the Queen Anne… Continue reading Common Sense Prevails: State of Collapse Nonexistent Thirteen Years before Discovery of Decay

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