Kara Cleary | Barnes & Thornburg LLP | October 11, 2016 In the wake of Hurricane Matthew, there will certainly be a wave of claims and possible denials of coverage by insurance companies. Before the storm hit, we heard a great deal about “preparedness” for the storm. But, how prepared is your company if it… Continue reading When the Damage is Done Are You Prepared to Litigate Against Your Insurance Company?
Tag: insurance coverage
New Oregon Opinion Does Not Preclude Assertion of Coverage Defenses
Kevin Clonts | Rizzo Mattingly Bosworth PC | October 5, 2016 Many are hailing the Oregon Supreme Court’s recent decision in FountainCourt Homeowners’ Assoc. v. American Family as “closing loopholes for insurers” and as barring insurers from litigating coverage issues after a verdict against the insured. However, the case’s actual holdings are much narrower, and the court could… Continue reading New Oregon Opinion Does Not Preclude Assertion of Coverage Defenses
What Makes a “Complete” Roof?
Shane Smith | Property Insurance Coverage Law Blog | August 31, 2016 The Utah Court of Appeals ruled last week that a homeowners’ insurance policy did not cover water damage where the house did not have a “complete” roof.1 In this case, the Poulsens were in the process of replacing roof shingles on their house… Continue reading What Makes a “Complete” Roof?
Without Insurance Coverage, What Good Is Construction Defect Law?
John Moore | Daily Business Review | August 23, 2016 In 2003, the Florida Legislature, with the stated goals of reducing the amount of construction-defect litigation and protecting the rights of property owners, created a mandatory pre-litigation alternative dispute resolution proceeding by enacting Chapter 558 of the Florida statutes. Pursuant to Chapter 558, before a… Continue reading Without Insurance Coverage, What Good Is Construction Defect Law?
The Neglect Exclusion Does Not Apply to Pre-Loss Neglect
Edward Eshoo | Property Insurance Coverage Law Blog | August 29, 2016 Homeowner and commercial property insurance policies typically exclude loss or damage caused by or resulting from neglect.1 Under the ISO Homeowners 3-Special Form,2 neglect means “neglect of an ‘insured’ to use all reasonable means to save and preserve property at and after the… Continue reading The Neglect Exclusion Does Not Apply to Pre-Loss Neglect