Author Todd Rowe

Court Rejects Insured’s Attempt at “Selectively Reading” Property Policy to Cover Data Breach

Republished from Tressler’s Privacy Risk Report blog. In Camp’s Grocery, Inc. v. State Farm Fire & Cas. Co., 4:16-cv-00204 (October 25, 2016), the U.S. District Court for the Northern District of Alabama granted summary judgment to defendant State Farm and… 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 →

Marijuana Covered Under Property Policy: Insurers Must Consider Other Factors in Claims Adjusting

Proper claims handling requires comparing policy terms and conditions with particular facts giving rise to a claim. However, a recent decision finding that an insured’s marijuana stock is covered under a property policy offers a reminder that other circumstances should… Continue Reading →

First-Party Insurance Claims Related to the “Internet of Things” an Emerging Issue for 2016

Republished from Tressler’s Privacy Risk Report blog. While the “internet of things” (IoT) is not a new concept for the insurance industry, many people outside the insurance industry are just beginning to discuss this issue. In general, the term “internet… Continue Reading →

Tressler LLP Launches The Property Line Blog

Tressler LLP is pleased to announce the launch of the firm’s latest blog, The Property Line. To keep up with the changing digital landscape, The Property Line will replace the firm’s traditional e-newsletter First-Party Property Insurance Law Alert. The blog… Continue Reading →

Update on Joy Tabernacle v. State Farm Fire and Casualty

Our August 2014 post addressed the decision of the U.S. District Court for the Eastern District of Michigan in Joy Tabernacle-The New Testament Church v. State Farm Fire and Cas. Co., 2014 U.S. Dist. LEXIS 97478 (July 18, 2014). This… Continue Reading →

“Oh, I’ve Seen Fire and I’ve Seen Rain:” Ninth Circuit Finds Damage From Mudslides a Month After a Fire Still Found to Be “Directly” Caused by Fire

In Stankova et al. v. Metropolitan Prop. & Cas. Ins. Co., 2015 U.S. App. LEXIS 8935 (9th Cir. Ariz. May 29, 2015), the U.S. Court of Appeals for the 9th Circuit overturned a District Court ruling, finding that damage caused… Continue Reading →

California Court Finds Proposition 103 Prohibits Insurers From Including Costs Related to Certain Advertising Activities in Premiums

Proposition 103, enacted in California in 1988, requires approval by the California Department of Insurance before implementing property and casualty rates. Proposition 103 also allows for policyholders to participate in the process setting rates for auto and property insurance. Since… Continue Reading →

Fifth Circuit Finds Misstatements About Foreclosure on Renewal Applications Voids Homeowners Coverage

The U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment for Nationwide Mutual Insurance Company (Nationwide) in the case of Nationwide Mut. Ins. Co. v. Baptist, 762 F.3d 447 (5th Cir. Miss. 2014). Multiple fires occurred at the… 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 →

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