Derrick A. Denis | J.S. Held Introduction Water damage moves fast. Moisture can slip under floors, into wall cavities, and behind finishes that still look fine on the surface. If that hidden moisture is not found and clearly documented, it can lead to mold, structural problems, and stressful arguments over what your insurance policy will… Continue reading Moisture Mapping for Insurance Claims: Documenting Water Damage
Tag: Water Damage
Eleventh Circuit Holds Course of Construction Exclusion Applies to Water Damage as Project Was Not Fully Complete
Matthew Lewis | PropertyCasualtyFocus In Liberty Surplus Insurance Corp. v. Kaufman Lynn Construction Inc., the Eleventh Circuit Court of Appeals held that a “course of construction exclusion” in a commercial general liability precluded coverage for water damage caused by a hurricane during a construction project. However, the court found that the insured had standing to assert… Continue reading Eleventh Circuit Holds Course of Construction Exclusion Applies to Water Damage as Project Was Not Fully Complete
The Sixth District Court of Appeals Rules in Favor of the Insurance Carrier, Finding That Ensuing Water Damage is Not Covered Under the Insurance Carrier’s Policy Language
Carolin Pacheco | Marshall Dennehey This case arose out of the policyholder’s ongoing plumbing issues in her home. The insured property was built in the early 1960s, and the policyholder had been experiencing a number of plumbing issues as a result of an aging cast iron drain line, which eventually corroded and deteriorated, leading to… Continue reading The Sixth District Court of Appeals Rules in Favor of the Insurance Carrier, Finding That Ensuing Water Damage is Not Covered Under the Insurance Carrier’s Policy Language
Ensuing Loss Provision Salvages Coverage for Water Damage Claim
Tred R. Eyerly | Insurance Law Hawaii The Court of Appeals for the D.C. Circuit reversed the district court’s finding of no coverage and found that the ensuing loss provision provided coverage for water damage. 3524 East Cap Venture, LLC, et al. v. Weschester Fire Ins. Co., et al., 104 F. 4th 193 (D.C.… Continue reading Ensuing Loss Provision Salvages Coverage for Water Damage Claim
Insured’s Claim for Water Damage Dismissed with Leave to Amend
Tred R. Eyerly | Insurance Law Hawaii The court granted the insurer’s motion to dismiss the insured’s claim for water damage under a homeowners’ policy, but granted leave to amend. Thompson v. State Farm Gen. Ins. Co., 2024 U.S. Dist. LEXIS 98486 (C.D. Cal. June 3, 2024). The insureds’ first amended complaint… Continue reading Insured’s Claim for Water Damage Dismissed with Leave to Amend