Collapse of Improperly Built Deck Not An Occurrence

Tred Eyerly | Insurance Law Hawaii | August 16, 2017 The court found that the insured’s faulty construction of an outside deck did not arise from an occurrence. Employers Mut. Cas. Co. v. West, 2017 U.S. Dist. LEXIS 113951 (N.D. Miss. July 21, 2017). D.L. Action Construction Company (DLA) constructed multifamily dwellings. They were sued by… Continue reading Collapse of Improperly Built Deck Not An Occurrence

Court Finds That Split in Underground Storage Tank is Not a Covered Collapse

Christopher Kendrick and Valerie A. Moore | Haight Brown & Bonesteel LLP | July 5, 2017 In Tustin Field Gas & Food v. Mid-Century Ins. Co. (No. B268850, filed 7/3/17), a California appeals court ruled that a split in an underground storage tank, caused by the tank sitting on a rock for years, was not a covered… Continue reading Court Finds That Split in Underground Storage Tank is Not a Covered Collapse

Collapse Claim Highlights the Importance of Retaining Experts Early in the Claim Process

Kevin Pollack | Property Insurance Coverage Law Blog | April 12, 2017 A recent case filed in the Western District of Texas highlights the importance of retaining experts to assist in evaluating the cause of loss early in the claim process. In White Lodging Services Corporation et al v. Liberty Mutual Fire Insurance Company,1a hotel… Continue reading Collapse Claim Highlights the Importance of Retaining Experts Early in the Claim Process

What Qualifies as an Insured Collapse?

Richard Wolf | Claims Journal | April 4, 2017 Latest Case and Growing Trend Say it Must Fall Down or Cave in The scope of insurance coverage for collapse, first provided by the industry in 1954, has long been the subject of litigation in many jurisdictions. The arguments for what triggers coverage appear to fall… Continue reading What Qualifies as an Insured Collapse?

Connecticut Federal District Court Again Finds “Collapse” Provisions Ambiguous

Tred R. Eyerly | Insurance Law Hawaii | March 20, 2017 The Federal District Court for the District of Connecticut has issued several decisions of late finding coverage for collapse despite the building not being reduced to rubble. The latest decision in this series is Metsack v. Liberty Mutual Fire Ins. Co., 2017 U.S. App. LEXIS… Continue reading Connecticut Federal District Court Again Finds “Collapse” Provisions Ambiguous

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