The Property Line

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Tressler LLP

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 →

The Insured JAW Is Bitten by the Anti-Concurrent-Causation Clause

In JAW The Point, LLC v. Lexington Ins. Co., 2015 Tex. LEXIS 343 (Tex. 2015), the Texas Supreme Court held an anti-concurrent-causation clause in the insured’s policy precluded coverage for increased rebuilding costs following Hurricane Ike. JAW The Pointe, LLC… Continue Reading →

Estimated Costs Related to Storm Damage: Policyholder Survives Summary Judgment on a Breach of Contract Claim While Insurer Prevailed on Bad Faith Claims

The U.S. District Court for the Southern District of Texas granted State Farm Lloyds’ summary judgment motion as to three statutory bad faith claims, finding that the plaintiff failed to allege sufficient facts to support claims of bad faith conduct,… Continue Reading →

Court Rules in Favor of Policyholder: Policy Does Require Replacement of All Siding When Necessary for a Color Match Even Though Only a Portion Was Damaged by Hail

The Minnesota Supreme Court affirmed an appraisal award in favor of the Cedar Bluff Townhome Condominium Association for total replacement of all siding on the insured building, rather than just the hail-damaged siding. Cedar Bluff Townhome Condominium Assoc, Inc. v…. Continue Reading →

Notable First-Party Property Decisions In 2014

Decision Impact Millennium Organic Chemicals Ltd. v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA, et al., 744 F.3d 279 (4th Cir. Feb. 20, 2014) Our full analysis of this decision can be found in our April 2014 post.  … Continue Reading →

Insured Is Still Entitled to Dwelling Replacement Insurance Even If Home Is in Foreclosure at the Time of the Loss

In Christmas v. Nationwide Mut. Ins. Co., 2014 U.S. Dist. LEXIS 91735 (E.D. North Carolina 2014), the U.S. District Court for the Eastern District of North Carolina considered the question of who, if anyone, receives the dwelling replacement insurance payment… Continue Reading →

London Bridge might not be falling down but walls of Mrs. White’s House collapsed

In White v. Metropolitan Direct Prop. and Cas. Ins., 2014 U.S. Dist. LEXIS 102959 (E.D. Pa. July 29, 2014), the U.S. District Court for the Eastern District of Pennsylvania granted summary judgment declaring a homeowner’s insurer did not owe coverage… Continue Reading →

Coverage Barred for “Collapse” of Old Church Structure

In December 2012, the Joy Tabernacle-The New Testament Church (Church) in Flint, Michigan, sustained damage in its sanctuary when a 30-foot high ceiling collapsed. The Church reported the damage to its insurer. Following an investigation of the cause of the… 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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