Alleged Negligent Misrepresentation on Condition of Home is Not an Occurrence Causing Property Damage

Tred R. Eyerly | Insurance Law Hawaii     The court found that even if the insured’s negligent misrepresentations constituted an accident, the disclosures did not cause physical damage to the property. Wood v. USAA Cas. Ins. Co., 2024 U.S. Dist. LEXIS 180624 (D. S.C. Sept. 12, 2024).      The insured, Clinton Wood, purchased a… Continue reading Alleged Negligent Misrepresentation on Condition of Home is Not an Occurrence Causing Property Damage

Insured’s Failure to Cooperate Dooms Claim

Tred R. Eyerly | Insurance Law Hawaii     The court granted the insurer’s motion for summary judgment based upon the  insured’s failure to allow the insurer to inspect damaged personal property . Ansah v Nationwide Prop. and Cas. Ins. Co., 2024 U.S. Dist. LEXIS 151472 (S. D. Texas Aug. 23, 2024).     The insureds… Continue reading Insured’s Failure to Cooperate Dooms Claim

Damage to Property Coverage Update

Chelsea A. Saferian | Plunkett Cooney Admiral Ins. Co. v. Tocci Bldg. Corp.No. 22-1462, 2024 WL 4716375 (1st Cir. Nov. 8, 2024) The U.S. Court of Appeals for the First Circuit held that the defendant insureds were not owed coverage for underlying litigation that alleged defective work caused by a subcontractor. Admiral Insurance Company (Admiral) brought… Continue reading Damage to Property Coverage Update

First Circuit Finds No Coverage For Subcontracted Faulty Work

Eric Hermanson and Austin Moody | White and Williams After almost two years’ deliberation, the First Circuit last week issued its long-awaited decision in Admiral Ins. Co. v. Tocci Bldg. Corp.[1]: affirming on other grounds, and leaving in place a district court decision that found subcontracted faulty work was not an “occurrence” and did not lead… Continue reading First Circuit Finds No Coverage For Subcontracted Faulty Work

Policy Limits Vs. Property Damage: Lessons From Hurricane Ian

Jean-Paul Rudd | Adams & Adams Disputes often arise between insurers and policyholders regarding the value of insured property. Some of these disputes are resolved with little difficulty, as the value can be relatively easily established. For example, in cases where a storm causes partial damage to a home and its contents, the insured property… Continue reading Policy Limits Vs. Property Damage: Lessons From Hurricane Ian

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