By Andrew B. Downs , William J. Rusteen
Last week, the California Supreme Court issued its long-awaited ruling in State of California v. Continental Insurance Company , --- P.3d ----, 2012 Cal. LEXIS 7324 (Aug. 9, 2012). The court adopted an "all...
Every first party property policy of insurance requires that the person insured have an insurable interest in the property, the risk of loss of which was sought to be insured. The policy limits coverage to the extent of the insurable interest. If there...
By Karen Ventrell and Gabriela A. Richeimer
Relying on the plain meaning of an insurance contract, the United States Court of Appeals for the Fourth Circuit held that an insurer's obligation to indemnify its insured is limited to that portion of...
SUPER STORM SANDY VICTIMS TAKE ANOTHER FINANCIAL HIT: Thousands of vacation home and business owners in coastal areas of New Jersey slammed by Hurricane Sandy last October are getting hit with big increases in their flood insurance premiums this year...
The Seventh Circuit Court of Appeals was asked to determine that although no repairs were performed on a damaged structure the insured was entitled to recover the depreciation holdback because it waived the time limit for repair. Before any repairs were...
By Andrew B. Downs , Kristol Bradley Ginapp
The Nevada Supreme Court recently held that a property insurance
policy's earth movement exclusion was ambiguous because, unlike some
other earth movement exclusions, it did not state clearly whether...
By Geoffrey B. Fehling
Business owners routinely grant access to company facilities and property to third-parties for many reasons, from cleaning and organizing a warehouse to inspecting and repairing machinery. In the course of these business dealings...
By Richard D. Vetstein, ESQ
Insured Gets The Short End Of The Insurance Coverage Stick For Parking Lot & Building Flooding
The Massachusetts Supreme Judicial Court has not been too kind to insureds these days. For the second time in 2 months...
By Richard D. Vetstein, ESQ
Renter's Insurance Policy Raises Questions
I've recently become aware that some Massachusetts landlords are requiring that tenants procure their own policy of renter's insurance as a condition of leasing....
The United States Court of Appeals for the Second Circuit asked the highest court in New York two questions relating to a property insurance policy covering acts of “vandalism.”
(1) For purposes of construing a property insurance policy...
By Jerret E. Sale , Daniel R. Bentson
On May 17, 2012, the Washington Supreme Court issued two new opinions addressing "ensuing loss" provisions (also known as "resulting loss" provisions), the "efficient proximate cause"...
In this Analysis, Douglas Scott MacGregor*
discusses the evolving requirements and problems involved in providing property
insurance in condominium projects. He explains the complex nature of
condominium ownership and analyzes pertinent statutory requirements...
By Samuel H. Ruby
A California Court of Appeal has held that the release of
asbestos in and about a condominium complex during the scraping of
acoustical "popcorn" ceiling falls within a property insurance policy's