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
Category: Property Damage
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
Federal District Court Addresses Material Misrepresentation in First Party Property Damage Claim
James M. Eastham | Traub Lieberman In Pittsfield Dev. LLC v. Travelers Indem. Co., 2024 U.S. Dist. LEXIS 117530 (N.D. Ill. July 3, 2024), the United States District Court for the Northern District of Illinois addressed an alleged material misrepresentation by an insured during the course of the adjustment of a water loss claim at… Continue reading Federal District Court Addresses Material Misrepresentation in First Party Property Damage Claim
D.C. Circuit Tackles Ensuing Loss Clause and Finds Coverage Under Builders Risk Policies
Heather Howell Wright | It Pays to Be Covered In construing policies that covered loss “caused by or resulting from water damage” but excluded coverage for loss caused by “dampness of atmosphere” or by “[e]xtremes or changes in temperature,” the United States Court of Appeals for the District of Columbia recently preserved coverage under an… Continue reading D.C. Circuit Tackles Ensuing Loss Clause and Finds Coverage Under Builders Risk Policies
Water Alone is Not Property Damage under a CGL policy in Connecticut
Bill Wilson | Construction Law Zone The Connecticut Appellate Court recently provided guidance on what does not constitute property damage under a typical contractor’s Commercial General Liability (CGL) insurance policy in Westchester Modular Homes of Fairfield County, Inc. v. Arbella Protection Ins. Co., 224 Conn App. 526 (2024). In this case, the contractor defended construction defect… Continue reading Water Alone is Not Property Damage under a CGL policy in Connecticut