Tag claims

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 →

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 →

Down the Slippery Slope of Bad Faith Discovery

In bad faith lawsuits, policyholders often seek discovery of other claims involving allegations of bad faith. Such discovery is not relevant and should be uniformly denied. The mere fact that some other claim resulted in a finding of bad faith… Continue Reading →

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