Ensuing Loss Provision Salvages Coverage for Water Damage Claim

Tred R. Eyerly | Insurance Law Hawaii     The Court of Appeals for the D.C. Circuit reversed the district court’s finding of no coverage and found that the ensuing loss provision provided coverage for water damage. 3524 East Cap Venture, LLC, et al. v. Weschester Fire Ins. Co., et al., 104 F. 4th 193 (D.C.… Continue reading Ensuing Loss Provision Salvages Coverage for Water Damage Claim

Insured’s Claim for Water Damage Dismissed with Leave to Amend

Tred R. Eyerly | Insurance Law Hawaii     The court granted the insurer’s motion to dismiss the insured’s claim for water damage under a homeowners’ policy, but granted leave to amend. Thompson v. State Farm Gen. Ins. Co., 2024 U.S. Dist. LEXIS 98486 (C.D. Cal. June 3, 2024).      The insureds’ first amended complaint… Continue reading Insured’s Claim for Water Damage Dismissed with Leave to Amend

Did Water that Pooled on Roof Cause ‘Flood’ Damage? Mass. High Court Asked to Decide

Claims Journal A federal appellate court is asking Massachusetts’ top court to decide whether an insurance policy sublimit for damage caused by “surface waters” applies to damage from water that pooled on a parapet roof and second-floor courtyard during a rainstorm. The 1st Circuit Court of Appeals says an answer is needed so that it can resolve… Continue reading Did Water that Pooled on Roof Cause ‘Flood’ Damage? Mass. High Court Asked to Decide

Mitigating or Preventing Water Damage

Kevin Moore | Woodruff Sawyer Water’s capacity to inflict severe and costly damage looms large over all construction projects. Whether it’s caused by Mother Nature or human error, water damage presents a ubiquitous threat. Because construction water damage claims can climb to hundreds of thousands of dollars, it’s worth taking steps to mitigate or prevent incidents,… Continue reading Mitigating or Preventing Water Damage

Failure to Allege Property Damage Within Policy Period Defeats Insured’s Claim

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

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