Derek R. Lenzen | Phelps Dunbar A Florida appellate court held that where water damaged property through walls and windows (an excluded cause) and also through a door (a covered cause), the all-risk policy’s anti-concurrent cause provision controls, and coverage for the entire loss is excluded. Security First Ins. Co. v. Czelusniak, 45 Fla. L.… Continue reading Florida Appellate Court Holds Anti-Concurrent Cause Provision in Exclusion Excludes Entire Loss When a Covered Cause Occurs Concurrently With an Excluded Cause
Tag: Water Damage
Customer’s Agreement to Self-Insure and Release for Water Damage Effectively Precludes Liability of Storage Container Company
Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonesteel In Kanovsky v. At Your Door Self Storage (No. B297338; filed 11/25/19), a California appeals court held that a waiver of liability and agreement to self-insure in a storage container contract barred coverage for water damage to goods stored in the container. In Kanovsky, plaintiffs contracted for… Continue reading Customer’s Agreement to Self-Insure and Release for Water Damage Effectively Precludes Liability of Storage Container Company
The New Water Damage Limitation and Other Non-Traditional Coverage Gaps
Chip Merlin | Property Insurance Coverage Law Blog | August 29, 2019 Public adjuster Guy Cohen and I discussed various issues of property insurance and adjustment at a recent lunch. He raised a very serious topic of coverage gaps being created in the small print of property insurance policies which Florida insurance regulators are allowing… Continue reading The New Water Damage Limitation and Other Non-Traditional Coverage Gaps
It’s Rain, Not Flood, Why Isn’t My Water Damage Covered?
Jennifer Van Voorhis | Property Insurance Coverage Law Blog | October 13, 2018 The photos from Hurricane Michael show catastrophic loss from not only the storm surge, up to fourteen feet in some areas, but from winds and rain as well. For those that live far enough inland where surge and flood was not an… Continue reading It’s Rain, Not Flood, Why Isn’t My Water Damage Covered?
Denied Water Damage Claims and Unethical Adjuster Conduct
Chip Merlin | Property Insurance Coverage Law Blog | July 9, 2018 Denied water damage claims are one of the more frequently handled claims by our law firm. The cost to repair these claims can be quite high depending on many factors including the length of time the water leaked, the length of the leak,… Continue reading Denied Water Damage Claims and Unethical Adjuster Conduct