Tred R. Everly | Insurance Law Hawaii | May 22, 2017 The federal district court found that the insurers could not escape coverage by summary judgment under their all risk policies. Eagle Harbour Condo Ass’n v. Allstate Ins. Co., 2017 U.S. Dist. LEXIS 54761 (W.D. Wash. April 10, 2017). Eagle Harbour Condominium Association sued several of… Continue reading Court Denies Insurers’ Motions for Summary Judgment Under All Risk Policies
Tag: Water Damage
Avoiding Denials of Water Damage Claims Based on “Long Term Damage Exclusions”
Kevin Pollock | Property Insurance Coverage Law Blog | May 30, 2017 We have all seen it – an insured has a water damage claim; the insurance policy has an exclusion for long term water damage occurring over a period of weeks, months, years (or even 14 days); and the insurer’s expert claims the damage… Continue reading Avoiding Denials of Water Damage Claims Based on “Long Term Damage Exclusions”
Summary Judgment May Be Appropriate When Insured Fails to Take Reasonable Measures to Prevent Property Damage
Michael Henry | Property Insurance Law Observer | August 4, 2016 Many first party property insurance policies exclude claims for water damage that occurs when the insured premises is left vacant or unoccupied, unless the insured has used reasonable care to prevent such losses. In litigation challenging the denial of such claims, whether or not… Continue reading Summary Judgment May Be Appropriate When Insured Fails to Take Reasonable Measures to Prevent Property Damage
Court Finds No Coverage for Water Damage Loss Where Property Had Been Vacant for Less than 1 Month
Kevin Pollack | Property Insurance Coverage Law Blog | June 28, 2016 On June 9, 2016, The Washington Supreme Court held that an Essex Insurance Company property policy immediately cut off coverage for water damage after an insured property became vacant.1 In Lui, the policyholders owned a commercial building that sustained water damage after a pipe burst while… Continue reading Court Finds No Coverage for Water Damage Loss Where Property Had Been Vacant for Less than 1 Month
Unanimous Washington Supreme Court: No Coverage for Water Damage to Vacant Building
Melissa O’Loughlin White | Cozen O’Connor | June 14, 2016 The Washington Supreme Court, often described as pro-policyholder, issued a unanimous decision in favor of an insurance company on June 9, 2016: Lui v. Essex Insurance Company, No. 91777-9 (Wash., Jun. 9, 2016). Addressing a first-party property claim, the court rejected the policyholder’s arguments that… Continue reading Unanimous Washington Supreme Court: No Coverage for Water Damage to Vacant Building