LexisNexis® Legal Newsroom
Bullivant Houser Bailey PC: Nevada Supreme Court Finds An Earth Movement Exclusion Ambiguous

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 it applied to both natural and man-made earth...

Bullivant Houser Bailey PC: California Court Applies MacKinnon In Property Insurance Dispute, Finds Pollution Exclusion Applies

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 pollution exclusion. Villa Los Alamos Homeowners Assn. v. State...

Troutman Sanders LLP: 4th Circuit Limits Insurer’s Liability for Lead Poisoning

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 a judgment attributable to the claimant's injury...

Vetstein Law Group: Can Massachusetts Landlords Legally Require That Tenants Buy Renter’s Insurance?

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. In fact, MSN Real Estate did a nice write up about...

The Increasing Complexity of Condominium Property Insurance

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. He assesses the practical import of...

Bullivant Houser Bailey PC: Washington Supreme Court Addresses "Ensuing Loss" Provisions, the "Efficient Proximate Cause" Rule, and the Definition of "Collapse"

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" rule, and the definition of "collapse"...

Vetstein Law Group: “All Risk” Property Insurance Coverage Doesn’t Mean Every Risk

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 , the SJC has upheld the denial of a property owner's...

McNees Wallace & Nurick LLC: Theft of Your Property While Contractors Have Access to Your Facility: Does Your Insurance Cover It?

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, however, property may unexpectedly be misplaced...

Bullivant Houser Bailey PC: California Adopts "All-Sums-With-Stacking" Doctrine for Continuous and Progressive Property Damage Liability Claims

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-sums-with-stacking" allocation rule for determining...

State Net Capitol Journal Legislative Updates: Super Storm Sandy Victims Take Another Financial Hit

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. Richard Bandazian, who owns a vacation home on...

Property Insurance Only Insures the Interest of the Person Insured: Only the Risk of Loss of Property Is Insured

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 performed the owner gave the property to another...

Foreclosure Destroys Insurable Interest

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 is no insurable interest there is no damage to the...

Willful & Wanton Conduct: Malicious Conduct That Causes Damage is Vandalism

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 covering acts of vandalism, may malicious damage...