Tag first party property
In property claims, issues often arise regarding: (1) whether a given structure is a part of the dwelling; and (2) what coverage limits apply to certain structures. The Texas Supreme Court recently addressed these issues in Nassar v. Liberty Mutual,… Continue Reading →
After suffering a loss, it is quite common for homeowners to assign their rights under a policy to a contractor that repairs the damages. However, a conflict arises when a homeowner assigns their rights under a policy even though the… Continue Reading →
Some commentators are suggesting that the Florida Supreme Court’s ruling yesterday in Sebo v. American Home Assurance Co. was an important “win” for policyholders. On some levels that is true, but the victory may prove fleeting. The Florida high court… Continue Reading →
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 →
In Paros Properties LLC v. Colorado Cas. Ins. Co., rainfall caused a substantial flow of water, mud and debris onto an insured’s property, causing extensive damage. The insurer disclaimed coverage for damages related to the rainfall on the basis of… Continue Reading →
A coverage dispute can sometimes become so complex that a host of issues have to be litigated. For instance, in a recent dispute between two insurers, the 5th U.S. Circuit Court of Appeals was tasked with addressing issues related to a… Continue Reading →
In American Economy Ins. Co. v. CHL, LLC, an insured owned an apartment complex in Seattle. The insurer issued commercial property insurance for the building from 1999 to 2005. The policy provided coverage for losses caused by a “collapse.” The… Continue Reading →
In Lui v. Essex Ins. Co., the insured owned a building containing tenant space. The insured’s last tenant was evicted from the building in December of 2010. In January 2011, less than 60 days after the eviction, a frozen sprinkler… Continue Reading →
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 →
In bad faith lawsuits, policyholders often seek discovery of other claims involving allegations of bad faith. Such discovery is not relevant and should be uniformly denied. The mere fact that some other claim resulted in a finding of bad faith… Continue Reading →