The Property Line

Coverage Issues to Spot in Upcoming Hurricane Claims

The year 2017 has not been too kind.  In late August, Hurricane Harvey ravaged Texas.  Initial estimates for damages related to Harvey are between $70 billion and $108 billion.  Now, Florida and its neighbors in the Southeast are experiencing the… Continue Reading →

Yes to Taxation Without Insured Compensation: Third Circuit Rules Insurer Must Pay Delinquent Taxes from Policy Proceeds Prior to Paying Named Insured

Many times, significant losses occur on property where the named insured owes delinquent property taxes.  Certain states have codified laws mandating that, in such scenarios, a property insurer first pay delinquent property taxes from fire loss proceeds prior to paying… Continue Reading →

Another Court Rules on the Depreciation of Labor

By Aon Hussain Tressler’s Property Line has taken a keen interest on whether labor can be depreciated in determining the actual cash value (ACV) of a first party property loss.  Aside from creating a 50 State Survey on ACV and… Continue Reading →

Texas Supreme Court Swings for the Fences in Case Regarding Fencing

In property claims, issues often arise regarding: (1) whether a given structure is a part of the dwelling; and (2) what coverage limits apply to certain structures. The Texas Supreme Court recently addressed these issues in Nassar v. Liberty Mutual,… Continue Reading →

Another Court Rules That Insured Can Assign Rights Under Homeowner’s Policy After Loss

After suffering a loss, it is quite common for homeowners to assign their rights under a policy to a contractor that repairs the damages. However, a conflict arises when a homeowner assigns their rights under a policy even though the… Continue Reading →

Victory for Florida Policyholders Destined to Be Short-Lived

Some commentators are suggesting that the Florida Supreme Court’s ruling yesterday in Sebo v. American Home Assurance Co. was an important “win” for policyholders. On some levels that is true, but the victory may prove fleeting. The Florida high court… Continue Reading →

Court Rejects Insured’s Attempt at “Selectively Reading” Property Policy to Cover Data Breach

Republished from Tressler’s Privacy Risk Report blog. In Camp’s Grocery, Inc. v. State Farm Fire & Cas. Co., 4:16-cv-00204 (October 25, 2016), the U.S. District Court for the Northern District of Alabama granted summary judgment to defendant State Farm and… Continue Reading →

Insured’s Attempt to Establish Coverage Under a Property Policy “Explodes” Before 10th Circuit

In Paros Properties LLC v. Colorado Cas. Ins. Co., rainfall caused a substantial flow of water, mud and debris onto an insured’s property, causing extensive damage. The insurer disclaimed coverage for damages related to the rainfall on the basis of… Continue Reading →

Eye of the Storm: Decision Presents Several Coverage Issues in Same Property Claim

A coverage dispute can sometimes become so complex that a host of issues have to be litigated. For instance, in a recent dispute between two insurers, the 5th U.S. Circuit Court of Appeals was tasked with addressing issues related to a… Continue Reading →

Insured’s Position On “Collapse” Issue Falls Down in Washington Court

In American Economy Ins. Co. v. CHL, LLC, an insured owned an apartment complex in Seattle. The insurer issued commercial property insurance for the building from 1999 to 2005. The policy provided coverage for losses caused by a “collapse.” The… Continue Reading →

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