Manatt, Phelps & Phillips, LLP – July 12, 2013 An insured could seek a declaratory judgment of coverage under a property insurance policy just four days after filing a claim, even where the amount of damages was undetermined and the insurer had yet to issue a coverage determination, a Texas federal district court recently ruled.… Continue reading Coverage for Hailstorm Neither “Abstract nor Hypothetical”, Texas Court Rules
Tag: insurance coverage
Defects in an Insured’s Own Work are “Unmistakably Included” in the Definition of “Occurrence” in CGL Policy, Rules Second Circuit.
Laura R. Thomson – April 22, 2013 The Second Circuit’s recent decision in Scottsdale Insurance Company v. R.I. Pools, Inc., Case No. 11-3529, 2013 WL 1150217 (2d Cir. March 21, 2013) should be welcome news for Connecticut contractors insured under CGL policies with Broad Form Property Damage Coverage, seeking coverage for losses to their work… Continue reading Defects in an Insured’s Own Work are “Unmistakably Included” in the Definition of “Occurrence” in CGL Policy, Rules Second Circuit.
Are Damages Caused By Blasting or Other Man-Made Earth Movement Covered Under Your Insurance Policy?
Larry Bache – April 18, 2013 Insurance policies often include an exclusionary provision dealing with damages caused by Earth Movement. But does the exclusionary provision include natural and man-made earth movement, or just natural earth movement? According to FC&S, it depends on jurisdiction.1 The majority view is damage caused by natural earth movement is excluded,… Continue reading Are Damages Caused By Blasting or Other Man-Made Earth Movement Covered Under Your Insurance Policy?
Limitation on Coverage for Payment of Damages Creates Ambiguity
Tred R. Eyerly – March 20, 2013 Unable to discern the meaning of a provision stating that payment of damages would be made “through a trial but not any appeal”, the court found an ambiguity. Parker v. Am. Family Ins. Co., 2013 U.S. Dist. LEXIS 9085 (D. Ore. Jan. 23, 2013). The homeowners sued the… Continue reading Limitation on Coverage for Payment of Damages Creates Ambiguity
Ordinance and Law Coverage in New Jersey
Robert Trautmann – April 10, 2013 When rebuilding in the aftermath of Hurricane Sandy, many property owners are getting hit by a second wave of stress when they find their property cannot be repaired as it was before because building codes have changed. It can be very expensive to bring a building up to code… Continue reading Ordinance and Law Coverage in New Jersey