The Property Line

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property lines

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 →

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 →

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 →

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 →

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 →

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 →

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 →

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