Author Aon Hussain
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 →
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 →
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 →
In Saratoga Resources, Inc. v. Lexington Ins. Co., Lexington Insurance Company (Lexington) issued an insurance policy to Saratoga Resources, Inc. (Saratoga) that covered various oil and gas properties. In 2012, when Hurricane Isaac hit Louisiana, many of Saratoga’s properties were… Continue Reading →
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 →
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 →
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 →
Cincinnati Insurance Company (Cincinnati) provided a homeowner’s policy to the insured. Pursuant to a Minnesota state statute, the policy included an appraisal clause mandating that if the parties could not agree on the valuation of a loss, that either party… Continue Reading →
It is a well-settled principle that the plain language of insurance policies prevail. In coverage disputes, it is rare to see a court purposefully ignore the application of unambiguous policy language. The Arkansas Supreme Court, however, recently ignored specific contract language, holding… Continue Reading →