Tred R. Eyerly | Insurance Law Hawaii The federal district court found that smoke and soot contamination rendered the property unfit for normal use, meeting the standard for “direct physical loss” under the policy language for recovery of business income. Bottega, LLC, et al. v. National Surety Corporation-Chicago, Il, 2025 U.S. Dist. LEXIS 5666 (N.D. Cal. Jan.… Continue reading Smoke and Soot Constitute Direct Physical Loss
Tag: insurance
Proving Negligence After a Slip and Fall in California
Martin Gasparian | Maison Law Slip and fall incidents are among the most common types of accidents in California and elsewhere. In public spaces like businesses, nearly nine out of ten high-risk areas have no safety measures in place. If you’ve suffered injuries, you have the right to pursue compensation. However, you must prove that… Continue reading Proving Negligence After a Slip and Fall in California
Are PFAS Claims Excluded Under A Pollution Exclusion? A California Court Finds It Depends.
Jena Emory | Morris, Manning & Martin This article will discuss policyholder concerns after a California federal court recently found that some PFAS claims in an MDL were excluded under a pollution exclusion, but others were not. The case is Nat’l Foam, Inc. v. Zurich Am. Ins. Co., No. 23-CV-03873-LB, 2025 WL 699361, at *1 (N.D.… Continue reading Are PFAS Claims Excluded Under A Pollution Exclusion? A California Court Finds It Depends.
Collapse Claim Denied After Insured’s Failure to Meet Suit Limitation Deadline
Tred R. Eyerly | Insurance Law Hawaii The insured’s claim for collapse of a building was denied after failing to file suit within the two-year limitation set forth in the policy. 94 Broad Street, LLC v. The Hartford Financial Services Group, Inc., 2025 Conn. Super. LEXIS 112 (Conn. Super. Ct. Jan. 24, 2025). … Continue reading Collapse Claim Denied After Insured’s Failure to Meet Suit Limitation Deadline
Florida Recognizes Two Types of Subrogation: (1) Conventional Subrogation; and (2) Equitable Subrogation
David Adelstein | Florida Construction Legal Updates A note on subrogation. There are two types of subrogation recognized in Florida: (1) conventional subrogation; and (2) equitable subrogation. “‘Conventional subrogation arises or flows from a contract between the parties establishing an agreement that the party paying the debt will have the rights and remedies of the original creditor.’” Certain Underwriters at… Continue reading Florida Recognizes Two Types of Subrogation: (1) Conventional Subrogation; and (2) Equitable Subrogation