Rahul Gogineni | The Subrogation Strategist In William Lansing v. Doe, 2019 Ore. App. LEXIS 1564, the Court of Appeals of Oregon considered whether the Economic Loss Doctrine (ELD) applied to the plaintiff’s claims based on purportedly faulty construction work in a home. In determining that damage to persons or property is not a purely economic loss… Continue reading Not All Damages Are Created Equal – the Proper Application of the Economic Loss Doctrine
Tag: Property Damage Claim
Illinois Appellate Court Clarifies What Is and Is Not an “Occurrence” in the Construction Defect Context
Marianne Bradley and Anthony Miscioscia | White and Williams LLP On December 31, 2019, the First District Illinois Appellate Court issued its decision in Owners Insurance Company v. Precision Painting & Decorating Corporation, clarifying what does and does not constitute “property damage” caused by an “occurrence” in the construction defect context. 2019 IL App. (1st) 190926-U,… Continue reading Illinois Appellate Court Clarifies What Is and Is Not an “Occurrence” in the Construction Defect Context
If I Start Making Repairs, Does It Affect My Insurance Claim?
J. Ryan Fowler | Property Insurance Coverage Law Blog | November 8, 2019 One question I get asked by clients after a storm has damaged their home is: “Can I start making repairs?” This can be a difficult question as the real-world factors of cost, time, availability of materials, and labor are important considerations. It… Continue reading If I Start Making Repairs, Does It Affect My Insurance Claim?
Court Finds Animals Incapable of Vandalism or Malicious Mischief for Insurance Purposes (and all other purposes, too)
Alex Silverman | Property Casualty Focus | October 31, 2019 I am willing to go out on a limb and say that if asked whether an animal, say, a raccoon, is capable of committing malicious criminal acts, most humans would agree that the issue is beyond dispute. But, alas, most humans would be wrong (apparently… Continue reading Court Finds Animals Incapable of Vandalism or Malicious Mischief for Insurance Purposes (and all other purposes, too)
Are My Children and Their Spouses Required to Submit to an Examination Under Oath for My Property Damage Claim?
Paul LaSalle | Property Insurance Coverage Law Blog | October 13, 2019 In a recent case, a federal appeals court held that named insureds’ son and daughter-in-law were required to submit to an examination under oath (“EUO”) because they resided in the insureds’ house, and that their failure to do so precluded recovery on the… Continue reading Are My Children and Their Spouses Required to Submit to an Examination Under Oath for My Property Damage Claim?