Insurance Law

Recent Posts

Inclusive Communities: Supreme Court Recognizes Disparate-Impact Claims Under FHA – Implications for Property Insurers
Posted on 11 Aug 2015 by DLA Piper

By Kathleen A. Birrane , David D. Luce , and Peter S. Rice By a five-to-four margin, the Supreme Court of the United States has held that “disparate-impact claims are cognizable under the Fair Housing Act.” Texas Dep’t of Hous... Read More

CGL Policy Did Not Afford Coverage for an Underlying Construction Defect Action because the Alleged Property Damage Was Discovered after the Policy Period and the Total Residential Construction Exclusion Was Implicated
Posted on 2 Sep 2015 by Troutman Sanders

In Atain Speciality , [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the Northern District of California entered a default judgment in favor of the insurer because the damages alleged in an underlying construction... Read More

When Is an Exclusion “Conspicuous, Plain and Clear”: There Is No Duty to Defend if There Is No Potential for Coverage
Posted on 20 Apr 2015 by Barry Zalma

Insurance policies must be interpreted with care. Since they are contracts of adhesion they are usually interpreted with a bias towards providing coverage for the insured. When an insured provides the information necessary to convince a court that there... Read More

Can Murder Ever Be Accidental? – Tenant is Not an Insured
Posted on 5 Aug 2015 by Barry Zalma

By definition liability insurance never applies to an intentional act. When a person rents a room in her house to a convicted felon with a history of violence and then gives the tenant a gun to use as he desires, she cannot claim that when the felon kills... Read More

Mortgagee Not Required to Buy Liability Insurance for Borrower
Posted on 14 Apr 2015 by Barry Zalma

Insurance companies only sell the insurance requested by the insured not the insurance that the insured should have purchased. Mortgagees, who require insurance on the property that was security for a loan require that the mortgagor purchase hazard insurance... Read More

Going to Pot: How to Lose Fire Insurance Coverage
Posted on 7 Apr 2015 by Barry Zalma

Members of the public think that the covenant of good faith and fair dealing only applies to the insurer and the insured can do whatever they want and hide important information from the insurer to avoid increased premium or loss of coverage. In Michigan... Read More

When Is a Landslide a Fire? Ninth Circuit Finds Fire To Be Direct Cause of Landslide that Destroyed House
Posted on 11 Jun 2015 by Barry Zalma

Those of us who live in the western United States see wildfires on a regular basis. Fire is a named peril and is covered by a simple fire policy and by a homeowners or commercial property policy. Landslides and mudslides that follow wildfires because... Read More

Appraisal Award Binding – Payment of Appraisal Award Satisfies Policy Promise to Indemnify
Posted on 24 Jun 2015 by Barry Zalma

In an opinion expressing the brevity required of a decision on an issue of insurance law that is patently obvious, the Missouri Court of Appeal decided in James-Miller v. American Family Mutual Insurance , — S.W.3d —-, 2015 Mo. App. LEXIS... Read More

Federal Agencies Finalize Flood Insurance Rules
Posted on 14 Sep 2015 by Ballard Spahr LLP

Federal regulators have finalized a joint rule that amends regulations relating to loans secured by properties in special flood hazard areas. The final rule implements changes to the Flood Disaster Protection Act of 1973 (FDPA) as mandated by the Homeowner... Read More

Washington Supreme Court Defines "Collapse" to Include "Substantial Impairment of Structural Integrity"
Posted on 14 Sep 2015 by Bullivant Houser Bailey PC

By Daniel R. Bentson In Queen Anne Park Homeowners Ass'n v. State Farm Fire & Cas. Co. , [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], the Washington Supreme Court held that the term "collapse... Read More

April Fool's Day Sees National Flood Insurance Rates Rise
Posted on 6 May 2015 by J. Wylie Donald

By J. Wylie Donald So what day would you pick to have your flood insurance premium double? April Fool's Day? You got it. Well, that's a little hyperbolic. Rates aren't doubling instantaneously tomorrow. Instead they are rising between... Read More

Arson-for-Profit Fails Because of Lack of Insurable Interest and Misrepresentation: Insurance Competence Needed to Commit Insurance Fraud
Posted on 31 Mar 2015 by Barry Zalma

Arson is relatively easy. Pour some gasoline and light a match and a fire will burn. Successfully turning an arson fire into profit is more difficult and requires some knowledge of insurance and insurance claims. In Ross v. State Farm Fire and Cas. Co... Read More

Ammonia Spill Constitutes "Direct Physical Loss or Damage" Under Property Insurance Policy, US District Court in NJ Finds
Posted on 2 Dec 2014 by Anderson Kill

What constitutes "direct physical loss or damage" under a property insurance policy? Granting partial summary judgment to Newark, NJ-based Gregory Packaging in an insurance coverage dispute with Travelers, a U.S. District Court in the District... Read More

Perkins Coie LLP on Notable Insurance Coverage Decisions from the Second Half of 2014 and Early 2015
Posted on 2 Mar 2015 by Perkins Coie

By Nishant Kumar The second half of 2014 and early 2015 brought noteworthy insurance coverage cases in contemporary areas of interest -- for instance, coverage for media providers and for privacy breaches -- as well as significant new developments... Read More

Why Insurance is Expensive – Statutes to Protect Consumers Not Intended to Allow Insureds to Profit
Posted on 6 Aug 2015 by Barry Zalma

States, like Pennsylvania, have enacted statutes to protect consumers from insurers who cancel insurance without proper reason and after a policy has been in effect for more than 60 days. These statutes are intended to protect the consumer not give an... Read More