News & Analysis as of

Commercial Property Owners Property Damage

Cozen O'Connor

Does a sagging floor constitute a “collapse”? Court finds ambiguity in “collapse.”

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In Life Skills, Inc. v. Harleysville Insurance Company, 2024 WL 3792261 (D. Mass. 2024), the District Court of Massachusetts found that “collapse” provisions within a commercial property policy were ambiguous where a floor...more

Cozen O'Connor

Claims Notes: June 2024

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The Florida Supreme Court ruled that PIP (Personal Injury Protection) insurers may pay 80% of a charge submitted by a provider, even when that reimbursement amount is less than the amount that would be reimbursable under the...more

Cozen O'Connor

Court Permits Parties to Cure Defective Diversity Jurisdiction in Suit Against Underwriters at Lloyd’s

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In MAve Hotel Investors LLC d/b/a The MAve Hotel, et al. v. Certain Underwriters at Lloyd’s, London, et al., 2024 WL 2830909, (S.D.N.Y. 2024), to preserve diversity jurisdiction, the United States District Court for the...more

Sands Anderson PC

Passing The Buck to Consumers: Insurance Update

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Sands Anderson’s Brian Pitney recently interviewed independent insurance agent Chris Hall, owner of The Halls of Insurance about recent changes in the insurance industry.  They discussed increases in insurance premiums,...more

White and Williams LLP

Tenants Underwater: Indiana Court of Appeals Upholds Privity Requirement for Property Damage Claims Against Contractors

White and Williams LLP on

In United States Automatic Sprinkler Corp. v. Erie Ins. Exch., et al., No. 21A-CT-580, 2022 Ind. App. LEXIS 87 (Automatic Sprinkler), the Court of Appeals of Indiana (Court of Appeals) considered whether there is a privity...more

Butler Weihmuller Katz Craig LLP

Fifth Circuit Seeks Guidance From The Texas Supreme Court On When The Concurrent Cause Doctrine Applies

Hail damage is so typical in Texas that Chapter 542A of the Texas Insurance Code is known as the “Hail Bill.” Texas follows the concurrent cause doctrine. As the Texas Supreme Court held in Lyons v. Millers Casualty...more

Farella Braun + Martel LLP

[Webinar] Fire Season Preparedness: What Wineries Should Do Now - June 23rd, 10:00 am - 11:00 am PT

California is at the start of another dry year, with increased likelihood that the North Bay will experience another active fire season. Fires are always a risk and they are always unpredictable, spread quickly, and can...more

Rivkin Radler LLP

The Title Reporter – Spring 2021

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Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry: •A trial court in New York has rejected a counterclaim filed against a title insurance company in a case it...more

UB Greensfelder LLP

The Northern District of Ohio Provides More Clarity On COVID-19 Related Business Interruption Claims

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Two more federal court judges in the Northern District of Ohio have weighed in on whether insurance carriers in the cases pending before them must cover claims for damages caused by the COVID19 pandemic. In both cases, the...more

Zelle  LLP

Commercial Property Insurance Coverage for Texas Winter Freeze Losses

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For an incredible 10-day period in mid-February, Texas was battered by a brutal winter storm bringing snow, ice, and record-low temperatures. Millions of Texans were without power and water for days. These conditions forced...more

Melito & Adolfsen

The Insurance Industry Anticipated a Pandemic from a virus like Covid-19 more than a decade ago.

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For businesses that were shut down by COVID-19 a common question is whether there is coverage for business interruption. In New York, the answer is no. This should be the answer nationwide. Coverage for business interruption...more

Pillsbury - Policyholder Pulse blog

Insurance Coverage Claims for Theft, Vandalism and Curfews

Many U.S. businesses face income losses from theft, vandalism and resulting curfew orders, which have affected numerous cities in recent days. Commercial property insurance policies may provide coverage for these losses,...more

Rivkin Radler LLP

Confronting Business Interruption Claims Resulting from COVID-19

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As the country continues to absorb the shock of the COVID-19 pandemic, commercial property insurers are already experiencing an influx of claims, mostly for business interruption....more

Zelle  LLP

Commercial Property Insurance Coverage and Coronavirus

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No modern disease has dominated the news and affected the world-wide economy on such a scale as coronavirus (COVID-19). Coronavirus’s impact is widespread across almost all business sectors. Governments are shutting down...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Debunking Common Myths Regarding Mold: Leo Old (EnSafe) Arkansas Environmental Federation Presentation

Leo Old undertook a presentation at the Arkansas Environmental Federation Convention titled: Debunking Common Myths Regarding Mold (“Presentation”) - Mr. Old is an Associate Principal with EnSafe in Memphis, Tennessee....more

Bradley Arant Boult Cummings LLP

The Wait for NFIP Reform Continues

For the 11th time in the last two years, the House has passed yet another short-term extension of the National Flood Insurance Program (NFIP). The NFIP remains the largest source of flood coverage in the U.S.; this extension...more

Farella Braun + Martel LLP

Damages for Permit Revocation Constitute Covered “Loss of Use”

Insurers often claim “economic damages” are not covered under a standard commercial general liability (CGL) policy. The Fourth District Court of Appeal’s decision in Thee Sombrero, Inc. v. Scottsdale Ins. Co., 28 Cal. App....more

Carlton Fields

When A Nightclub Is Forced to Say Goodnight: California Appellate Court Applies Broad Reading of “Loss of Use” Provision

Carlton Fields on

The frustration property owners must feel when the actions of another cause them to no longer be able to use their property as originally intended is certainly palpable, but when the property is not damaged and still can be...more

Carlton Fields

Sixth Circuit Weighs In On Coverage For Marijuana-Related Property Loss

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The Sixth Circuit Court of Appeals issued a colorful opinion in a property insurance coverage dispute affirming a denial of coverage for loss arising out of an illicit marijuana growing operation in Michigan. The case is...more

White and Williams LLP

Connecticut Supreme Court Holds That Landlord’s Insurer Can Pursue Equitable Subrogation If Lease Requires Tenant Have Insurance...

In Amica Mutual Insurance Company v. Muldowney, 328 Conn. 428 (2018), the Connecticut Supreme Court considered whether a landlord’s insurance carrier could subrogate against the landlord’s tenants for property damage when the...more

Robinson+Cole Property Insurance Coverage...

Massachusetts Reference Award and Alleged Chapter 93A Violation Addressed By Federal District Court Opinion

The Massachusetts reference process is a creature of statute designed to provide an expeditious method to resolve disputes over the amount of loss covered by a property insurance policy. While a reference panel cannot decide...more

Cozen O'Connor

“Context Matters” – Tenth Circuit Holds Mudslide Not an Explosion Under Property Policy

Cozen O'Connor on

On August 29, 2016, the U.S. Court of Appeals for the Tenth Circuit affirmed a Colorado district court ruling that the sudden obliteration of a building in a 2013 mudslide did not constitute an “explosion” under a commercial...more

Ward and Smith, P.A.

Recent North Carolina Court of Appeals Decision Serves as Reminder to Owners Associations

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A recent decision by the North Carolina Court of Appeals serves as a reminder that owners associations must deal fairly with their members at all times and board members must not let past disputes or personal issues cloud...more

Pillsbury Winthrop Shaw Pittman LLP

Perspectives on Insurance Recovery

Welcome to the latest edition of Pillsbury’s Perspectives on Insurance Recovery. As this 2015 edition of Perspectives demonstrates, our team is working on the most challenging issues—from cyber-insurance and complex claims...more

Zelle  LLP

Texas Court Talks Insurance And Actual Cash Value

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When an insured suffers a property loss, the insurance policy defines the parameters of recovery. Typically, a property insurance policy’s default valuation provision for a property loss is the actual cash value of the...more

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