The Property Line

California Court Finds No Duty To Defend “Hypothetical” Claim Where Policyholder Did Not Rebuild Home

In Tarakanov et al. Lexington Insurance Co., 2019 WL 5541007 (N.D. Cal. Feb. 26, 2020), Magistrate Judge Laurel Beeler, in the United States District Court, Northern District of California, recently dismissed Plaintiffs’ claims in its Complaint that Lexington Insurance Company… Continue Reading →

Texas Court Finds Concurrent Causes Of A Loss Where One Cause Is Covered And The Other Is Excluded “Results In No Coverage At All”

It’s not every day most of us get to deal with a real gold heist. But that is the case in Dillon Gage Inc. of Dallas v. Certain Underwriters at Lloyd’s, No. 3:18-CV-01555-X, 2020 WL 833255 (N.D. Tex. Feb. 19, 2020). Dillon… Continue Reading →

Homeowners Insurer Need Not Cover Judgment Against Insured For Abuse Based Upon “Business Activity” Exclusion

A Kentucky federal judge ruled that Shelter Mutual Insurance Company doesn’t have to pay a $4 million judgment against a daycare center director in a child abuse case, finding that coverage is barred by an exclusion in the director’s homeowners… Continue Reading →

Formal Service of Petition for Appointment of Appraisal Umpire is Required Even if a Party Fails to Respond to Appraisal Demand

In Witcher v. State Farm Fire and Cas. Co., 2018 IL App (5th) 170001-U (Ill. App. Jan. 26, 2018), the insureds demanded an appraisal following a fire loss.  A fire rendered the insureds’ home a total loss, but the insureds and… Continue Reading →

Attorney Spotlight: Aon Hussain

Aon Hussain is an associate in the Insurance Practice.  He represents insurers in litigation and non-litigation matters related to commercial general liability coverage, first party property coverage, and excess/umbrella liability coverage.  Many of his cases require the defense of common… Continue Reading →

Colorado High Court to Address Appraiser Impartiality

Add Colorado to the handful of states set to provide guidance on the level of impartiality required of appraisers. The Colorado Supreme Court recently provided notice that it will rule on key issues relating to the interpretation of appraisal provisions… Continue Reading →

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 →

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