The Property Line

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insurance claims

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 →

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 →

Delaware Court Shoots Down Coverage Under Homeowner’s Policy for Paintball Injury

In State Farm and Casualty Company v. Jennifer Wilkerson, the insureds’ child was driven to the local Walmart, where he purchased a paintball gun. After buying the paintball gun, the child went to a local park where he shot the… Continue Reading →

Something Old, Something New: Well-Established First-Party Property Concepts Used in Computer Hacking Coverage Case

Republished from Tressler’s Privacy Risk Report blog. On May 20, 2016, the U.S. Court of Appeals for the 8th Circuit affirmed a District Court decision finding coverage for a loss under a financial institution bond issued by BancInsure, Inc. (BancInsure)… 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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