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New York State Court: Claim Investigation Documents Prepared Prior to Denial Are Discoverable, Regardless of Attorney Involvement

In National Union Fire Insurance Co. of Pittsburgh, Pa. v. TransCanada Energy USA, Inc., 114 A.D.3d 595, 981 N.Y.S.2d 68 (N.Y. App. Div. 1st Dep’t Feb. 25, 2014), the Appellate Division in Manhattan upheld the lower court’s rejection of the… 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 →

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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