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Burden of Proof › Property Insurance › Property Damage

Marshall Dennehey

Addition of a Definition for the Term “Ttructural Damage” to Section 627.706(2) Does Not Alter an Insured’s Burden of Proof

Marshall Dennehey on

Citizens Prop. Ins. Corp. v. Barberan, Fla. 2nd DCA, 2D22-2744, Apr. 3, 2024 - In April, the Second District Court of Appeal affirmed the lower court’s ruling that a statutory change, which added a definition for the term...more

Flaster Greenberg PC

Ninth Circuit COVID Coverage Ruling Misapplies Burden Of Proof

Flaster Greenberg PC on

In a series of recent rulings, the U.S. Court of Appeals for the Ninth Circuit continued a federal appellate trend by affirming the dismissal of three COVID-19 insurance coverage cases. In Mudpie Inc. v. Travelers...more

White and Williams LLP

Tennessee Court of Appeals Holds Defendant Has the Burden of Offering Alternative Measure of Damages to Prove that Plaintiff’s...

White and Williams LLP on

In Durkin v. MTown Construction, LLC, 2018 Tenn. App. LEXIS 128, the Court of Appeals of Tennessee considered whether the lower court properly took judicial notice of an alternative measure of damages to the measure of...more

Pillsbury - Policyholder Pulse blog

All “Hail” the Importance of Documenting Claims

Pillsbury - Policyholder Pulse blog on

A recent case in the Fifth Circuit, Certain Underwriters at Lloyd’s of London v. Lowen Valley View, L.L.C., provides a valuable reminder to policyholders of the importance of promptly investigating any event that could cause...more

Cozen O'Connor

Hybrid Property Policies: The Burden of Proof to Establish Policy Coverage and Exclusions

Cozen O'Connor on

One coverage issue frequently arising under first-party property insurance policies entails a determination as to which party has the burden of proof to establish coverage, or to show the applicability and effect of a policy...more

Cozen O'Connor

Florida Court: Under All-Risk Policy, Insured Does Not Bear Burden of Showing Loss Was Caused by a Sinkhole

Cozen O'Connor on

On November 26th, a unanimous panel of Florida’s Second District Court of Appeals held that a trial judge had erred in placing the burden of showing that loss was caused by covered sinkhole activity on the shoulders of the...more

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