The Property Line

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damage

Washington Court Rules Pipe Burst at Vacant Building is Excluded

In Lui v. Essex Ins. Co., the insured owned a building containing tenant space. The insured’s last tenant was evicted from the building in December of 2010. In January 2011, less than 60 days after the eviction, a frozen sprinkler… Continue Reading →

Insurers Must Analyze the Condition of Personal Property to Calculate Depreciation for ACV Purposes

A California trial court recently held that an insurer must use the “condition” of personal property as a factor in determining the depreciation value to calculate actual cash value (ACV). In The Doan v. State Farm Gen. Ins. Co., certain… Continue Reading →

NY Appellate Court “Waives” Goodbye to Insured’s Argument for Coverage From Wall Collapse

In Provencal LLC v. Tower Ins. Co. of NY, Tower Insurance Company of New York (Tower) issued a commercial property policy to Provencal LLC. Heavy rains caused the collapse of a retaining wall. At trial, the parties stipulated that the… Continue Reading →

Another Court, Another Interpretation of “Collapse”

Paul and Annette Fabozzi procured a homeowner’s policy from Lexington Insurance Company. After renovating their home, the interior walls rotted so much that the home was on the verge of collapse. The Fabozzis sought coverage from the Lexington policy. Lexington… Continue Reading →

Marijuana Covered Under Property Policy: Insurers Must Consider Other Factors in Claims Adjusting

Proper claims handling requires comparing policy terms and conditions with particular facts giving rise to a claim. However, a recent decision finding that an insured’s marijuana stock is covered under a property policy offers a reminder that other circumstances should… Continue Reading →

Minnesota Supreme Court Rules Labor Costs May Be Depreciated in Determining Actual Cash Value

Recently, Minnesota’s highest court ruled in Wilcox v. State Farm Fire & Cas. Co. on whether or not labor can be depreciated in determining Actual Cash Value (ACV). Answering a certified question from the United States District Court of Minnesota,… Continue Reading →

Florida Court Rules Homeowner Can Assign Benefits Absent Insurer Consent

Elaine Gattus purchased a homeowner’s policy from Gulfstream Property and Casualty Insurance Company (Gulfstream). The policy included a provision that stated “[a]ssignment of this policy will not be valid unless we give our written consent.” After Gattus’ home suffered damage,… Continue Reading →

9th Circuit Holds Decay Between Walls Did Not Trigger Decades-Old “Collapse” Coverage

In the unpublished Queen Anne Park Homeowners Assoc. v. State Farm Fire & Cas. Ins. Co., the 9th U.S. Circuit Court of Appeals addressed a HOA’s 2011 claim for coverage under property insurance policies issued by State Farm when it… Continue Reading →

The Insured JAW Is Bitten by the Anti-Concurrent-Causation Clause

In JAW The Point, LLC v. Lexington Ins. Co., 2015 Tex. LEXIS 343 (Tex. 2015), the Texas Supreme Court held an anti-concurrent-causation clause in the insured’s policy precluded coverage for increased rebuilding costs following Hurricane Ike. JAW The Pointe, LLC… Continue Reading →

Estimated Costs Related to Storm Damage: Policyholder Survives Summary Judgment on a Breach of Contract Claim While Insurer Prevailed on Bad Faith Claims

The U.S. District Court for the Southern District of Texas granted State Farm Lloyds’ summary judgment motion as to three statutory bad faith claims, finding that the plaintiff failed to allege sufficient facts to support claims of bad faith conduct,… Continue Reading →

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