Tred R. Eyerly | Insurance Law Hawaii The insured’s inability to determine when water damage occurred meant it could not pursue claims of property damage against the insurers. Creek v. State Farm Fire & Cas. Co., 2022 U.S. Dist. LEXIS 116939 (W.D. Wash. July 1, 2022). Gold Creek Condominium complex experienced water… Continue reading Failure to Allege Property Damage Within Policy Period Defeats Insured’s Claim
Tag: Property Damage Claim
Illinois Appellate Court Addresses Professional Services Exclusion in Homeowners Policy
James M. Eastham | Traub Lieberman In Stonegate Ins. Co. v. Smith, 2022 IL App (1st) 210931, the Insured was performing plumbing work at a multi-story townhouse when a fire ensued causing damage to the second story unit. Although a carpenter by trade, the Insured was performing plumbing work consisting of the replacement of a shower valve… Continue reading Illinois Appellate Court Addresses Professional Services Exclusion in Homeowners Policy
Fifth Circuit Confirms: Insurer Must Defend Despite Your Work/Your Product Exclusion
Nathan Cazier and Scott Thomas | Payne & Fears The United States Court of Appeals for the Fifth Circuit recently confirmed that liability insurers have a duty to defend their insureds in construction defect cases when the underlying complaint alleges damage to property beyond the product and work of the insured – even if the… Continue reading Fifth Circuit Confirms: Insurer Must Defend Despite Your Work/Your Product Exclusion
No Expectation of Privacy for Representative of Insurance Company Performing an Appraisal
Denise Marra DePekary and Kenneth Sharperson | Weber Gallagher Simpson Stapleton Fires & Newby Sometimes there is a disagreement between an insurer and an insured regarding the valuation of a property damage claim. To resolve these disputes, many homeowners and commercial property insurance policies contain appraisal provisions that provide an option for the insured or… Continue reading No Expectation of Privacy for Representative of Insurance Company Performing an Appraisal
Private Statutory Cause of Action Under Florida’s Underground Facility Damage Prevention and Safety Act
David Adelstein | Florida Construction Legal Updates Florida’s Underground Facility Damage Prevention and Safety Act is set forth in Florida Statutes Chapter 556. Any owner or operator of underground infrastructure as well as contractors that perform underground excavation and demolition operations are familiar (or, need to be familiar) with this Act and the requirements it imposes on… Continue reading Private Statutory Cause of Action Under Florida’s Underground Facility Damage Prevention and Safety Act