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 →
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 →
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 →
In State Farm and Casualty Company v. Jennifer Wilkerson, the insureds’ child was driven to the local Walmart, where he purchased a paintball gun. After buying the paintball gun, the child went to a local park where he shot the… 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 →
A California trial court recently held that an insurer must use the “condition” of personal property as a factor in determining the depreciation value to calculate actual cash value (ACV). In The Doan v. State Farm Gen. Ins. Co., certain… Continue Reading →
In Provencal LLC v. Tower Ins. Co. of NY, Tower Insurance Company of New York (Tower) issued a commercial property policy to Provencal LLC. Heavy rains caused the collapse of a retaining wall. At trial, the parties stipulated that the… Continue Reading →
Recently, Minnesota’s highest court ruled in Wilcox v. State Farm Fire & Cas. Co. on whether or not labor can be depreciated in determining Actual Cash Value (ACV). Answering a certified question from the United States District Court of Minnesota,… Continue Reading →
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