Elliot Kerzner and Alycen Moss | Cozen O’Connor The Tenth Circuit recently held that, under Kansas law, an intentional loss exclusion precludes coverage for damage caused by an intentionally set fire even if the actual resulting damage is unintended. In Taylor et al. v. LM Insurance Corp., Case No. 20-3166 (10th Cir. Jul. 11, 2022), the… Continue reading Intentional Loss Exclusion Could Apply Even to Unintended Damage, Says the Tenth Circuit
Tag: Insurance Coverage Claims
Missouri Takes A Stand On Depreciation
Alycen A. Moss and Dakota Knehans | Property Insurance Law Observer On June 28, the Missouri Court of Appeals upheld a lower court’s decision finding Lexington Insurance Company (“Lexington”) breached its policy with homeowner Cynthia Franklin. Franklin’s home has sustained damage in a May 2016 storm for which she submitted a claim with Lexington. Lexington… Continue reading Missouri Takes A Stand On Depreciation
Wildfire Insurance Coverage Series, Part 2: Coverage for Smoke-Related Damages
Scott P. DeVries and Yosef Itkin | Hunton Andrews Kurth For many policyholders, smoke emanating from wildfire causes as much if not more damage than the fire itself. In this post in the Blog’s Wildfire Insurance Coverage Series, we discuss damages caused by smoke emanating from wildfires. Some insurers argue that policies are limited to… Continue reading Wildfire Insurance Coverage Series, Part 2: Coverage for Smoke-Related Damages
Subsidence Exclusion Bars Coverage for Damage Caused by Landslide
Tred R. Eyerly | Insurance Law Hawaii The Ninth Circuit affirmed the district court’s order granting summary judgment to the insurer who denied coverage based upon the policy’s subsidence exclusion. Atain Spec. Ins. Co. v. JKT Associates, 2022 U.S. App. LEXIS 6351 (9th Cir. March 11, 2022). JKT was hired by Lora… Continue reading Subsidence Exclusion Bars Coverage for Damage Caused by Landslide
Prior Occurrence Exclusion Bars Coverage for Construction Defects
Tred R. Eyerly | Insurance Law Hawaii While the insured’s faulty work constituted an occurrence under Florida law, a prior occurrence exclusion barred coverage. Pro-Tech Caulking & Waterproofing v. TIG Ins. Co., 2022 U.S. Dist. LEXIS 12319 (S.D. Fla. Jan. 19, 2022). Pro-Tech was a waterproofing subcontractor for construction of a oceanfront… Continue reading Prior Occurrence Exclusion Bars Coverage for Construction Defects