Category First-Party

Fifth Circuit Applies Narrow Interpretation of Policy to Limit Coverage for Hurricane Harvey Loss

Landmark American Insurance Co. v. SCD Memorial Place II, L.L. C., No. 20-20389 (5th Cir. Feb. 3, 2022), involves whether an insurance policy covered flood-related damage sustained by a building during Hurricane Harvey.  The district court determined that the policy… Continue Reading →

No Vacancy: Insurer Denies Coverage for Hotel’s COVID-19 Losses

Businesses across the country have experienced unique and unchartered losses as a result of coronavirus shutdowns. “Closure Orders” have been instrumental in controlling the spread of COVID-19. While these government orders have been issued with strong and compelling purposes, they… Continue Reading →

A Chilling Effect: The Fifth District Upholds Insurer’s Denial of Coverage for Frozen Pipe Burst

Recently, an Illinois appellate court affirmed a ruling an insurer did not owe coverage for damage to a building from a bursting frozen pipe. On appeal, the Fifth District agreed with the reasoning employed by the lower court, resting its… Continue Reading →

California Federal Court Finds No Coverage In Fire Coverage Row Where Insured Made Material Misrepresentations on Policy Application

A federal court has found that the insurer of a non-profit is not liable for a $67,097,998 judgment awarded against its insured for a fatal 2017 apartment fire in Oakland, California, due to the insured’s failure to disclose that it was the… Continue Reading →

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 →

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 →

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