Edward Eshoo | Property Insurance Coverage Law Blog | August 10, 2019 Last year in one of my blogposts, I wrote about Windridge of Naperville Condominium Association v. Philadelphia Indemnity Insurance Company,1 and the issue whether appraisal is appropriate to resolve a dispute over the cost of repairing physically undamaged siding of townhome buildings to remedy a mismatch… Continue reading The Seventh Circuit Court of Appeals Weighs In On “Matching”
Tag: Insurance Coverage Disputes
When is a Mistake an ‘Accident’?
Jason R. Potter | Claims Magazine | June 2019 Commercial General Liability (CGL) policies, like all insurance products, are intended to protect the insured from unexpected claims or suits by third parties. A CGL policy covers bodily injury, property, personal and advertising liability, products and completed operations and fire liability unless they are excluded by… Continue reading When is a Mistake an ‘Accident’?
How Specific does a Specific Litigation Exclusion have to be?
Larry P. Schiffer | Squire Patton Boggs | July 9, 2019 Insurance policies often have general exclusions for known losses or prior acts. The reason for this is that most insurance is for fortuitous risks–risks that will take place in the future; not risks that already have taken place. For large policyholders that have ongoing… Continue reading How Specific does a Specific Litigation Exclusion have to be?
Insurer’s Confession of Judgment Through Post-Lawsuit Payment
David Adelstein | Florida Construction Legal Updates | May 11, 2019 The recent opinion in the property insurance coverage dispute, Bryant v. Geovera Specialty Ins. Co., 44 Fla.L.Weekly D1232a (Fla. 4thDCA 2019), discusses the doctrine known as an insurer’s “confession of judgment.” In this case, an insured suffered water damage from a pipe leak. The insurer… Continue reading Insurer’s Confession of Judgment Through Post-Lawsuit Payment
Why is the Carrier so Quick to Argue the Wear and Tear Exclusion?
Nicole Vinson | Property Insurance Coverage Law Blog | June 26, 2019 Chip Merlin posted about the Wear and Tear Exclusion just last month in Wear and Tear Exclusions Versus Depreciation For Resulting Damage To Worn and Torn Older Parts of a Structure. Explaining about wear and tear, Chip gave this example: The judge made up… Continue reading Why is the Carrier so Quick to Argue the Wear and Tear Exclusion?