Month July 2014

Florida Court Finds Potential Coverage Defenses Waived When Insurer Fails to Inform Insured of Its Entire Coverage Position as Soon as Possible

The Florida Second District Court of Appeal recently concluded that an insurer’s failure to bring a policy provision to its insured’s attention waived the insurer’s right to rely on that provision. In Axis Surplus Insurance Company v. Caribbean Beach Club… Continue Reading →

Claim That One Hailstorm Produced Damage to Building’s Roof Fails to Meet Insureds’ Burden of Proof

In Hamilton Prop. v. The American Ins. Co., 2014 U.S. Dist. LEXIS 91882 (July 7, 2014), a hotel property was insured by American Insurance Company (American) during a Texas hailstorm. American’s denial of a claim for hail damage was upheld… Continue Reading →

Damage From Heavy Rainstorm Falls Within a Flood Exclusion

The California Court of Appeal for the Fourth Appellate District recently passed upon the question of what constitutes a “flood” in the context of exclusions contained in a homeowner policy. A residence owned by plaintiffs Peter and Susan Horvath sustained… Continue Reading →

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