Tred R. Eyerly | Insurance Law Hawaii The court granted, in part, the insured’s motion for summary judgment by finding that matching roof tiles were required under the policy. Bertisen v. Travelers Home and Marine Ins. Co., 2024 U.S. Dist. LEXIS 3907 (D. Colo. Jan. 8, 2024). The insureds sued Travelers for breach… Continue reading Court Finds Matching of Damaged Materials is Required by Policy
Tag: Insurance Coverage Claims
Grappling with the Wear and Tear Exclusions of Homeowner’s Policies
Gabrielle L. Wright | Marshall Dennehey Chabad filed a claim for water damage after a drain or sewer pipe broke. The insurer denied the claim under the general water damage exclusion but offered $5,000 under the “Water Backup or Overflow of Sewers and Drains” extension of the policy. The court granted the insured’s motion for… Continue reading Grappling with the Wear and Tear Exclusions of Homeowner’s Policies
Second Circuit Affirms Ruling That Prior Knowledge Exclusion Barred Coverage for Legal Malpractice Lawsuit
Novera H. Ahmad | PropertyCasualtyFocus The Second Circuit Court of Appeals recently affirmed a lower court’s ruling, which declared that North River Insurance Co. had no duty to defend or indemnify its insured in connection with a legal malpractice lawsuit. Background In September 2019, Max Leifer and his law office applied for professional liability insurance with… Continue reading Second Circuit Affirms Ruling That Prior Knowledge Exclusion Barred Coverage for Legal Malpractice Lawsuit
Words Matter: a Series of Leaks Constitutes a Single Occurrence Under Particular Policy Language
Thais Passerieu | Butler Weihmuller Katz Craig In a recent decision from the United States District Court for the Middle District of Florida, Tampa Division, styled KT State & Lemon, LLP et al. v. Westchester Fire Ins. Co. et al.,[1] the Court granted summary judgment to the Plaintiffs and held that a series of leaks occurring over… Continue reading Words Matter: a Series of Leaks Constitutes a Single Occurrence Under Particular Policy Language
Lawsuit: Insurer Underpaid Millions by Deducting Labor Depreciation From Claims
Michelle Thompson | Repairer Driven News An insurance company is being sued by customers who claim they were unpaid on claims because the carrier deducted labor depreciation from their payouts. Illinois residents Betty and Daniel Grawe filed a class action complaint against Trumbull Insurance Co. last month, claiming it shortchanged them on a property damage… Continue reading Lawsuit: Insurer Underpaid Millions by Deducting Labor Depreciation From Claims