Chip Merlin | Property Insurance Coverage Law Blog | November 18, 2019 Judges should stop with the fiction that policyholders have a duty to read their insurance policies before a loss. They do not read all the insurance contracts they purchase, and nobody does. Even if they read their policies, most people would not understand… Continue reading Nobody Should Be Expected To Read Every Insurance Contract They Purchase
Tag: Insurance Policy
Sixth Circuit Decision Is a Reminder of Difficulty in Prevailing on “Dishonest Acts” Exclusion
Jason Taylor | Traub Lieberman Straus & Shrewsberry | October 22, 2019 The Sixth Circuit Court of Appeals’ Decision in Evanston Ins. Co. v. Certified Steel Stud Association, 2019 WL 4674072 (6th Cir. Sept. 25, 2019) is another reminder to insurers of the difficulty in prevailing on a “dishonest acts” exclusion to bar coverage. The decision,… Continue reading Sixth Circuit Decision Is a Reminder of Difficulty in Prevailing on “Dishonest Acts” Exclusion
What Constitutes a Dwelling or Building Under Construction or Renovation For Purposes of a Vacancy Exclusion?
Edward Eshoo | Property Insurance Coverage Law Blog | October 8, 2018 The typical vacancy provision in a homeowners property insurance policy is patterned after the Insurance Services Office (ISO) Homeowners 3-Special Form (HO-3 form)1 and excludes coverage for damage caused by vandalism if the dwelling has been vacant for more than 60 consecutive days before… Continue reading What Constitutes a Dwelling or Building Under Construction or Renovation For Purposes of a Vacancy Exclusion?
Is Recovery for Breach of an Insurance Policy Limited to Only Damages That Would Have Been Covered by the Policy?
Tamara Chen-See | Property Insurance Coverage Law Blog | September 1, 2018 In Florida, the short answer is “no.” Here, as in most states, traditional rules governing breach of contract apply to insurance policies, and in a proper case consequential damages may be awarded.1 Defense lawyers in first party insurance cases always dispute this argument. The… Continue reading Is Recovery for Breach of an Insurance Policy Limited to Only Damages That Would Have Been Covered by the Policy?
An Exception to an Exclusion: Always Read the Policy
J. Ryan Fowler | Property Insurance Coverage Law Blog | April 9, 2018 I commonly get asked coverage questions that relate to a commercial client’s claim for damages. My response is always the same, “send me the policy and I will take a look.” I know this sounds obvious but with the multitude of policies… Continue reading An Exception to an Exclusion: Always Read the Policy