Tag Archives: Exclusion

Exclusions in States That Have a Statutory Standard Form Fire Insurance Policy

Insurers often issue property insurance policies intended cover multiple perils (e.g. water damage and fire). While insurers often include a number of exclusions in their policies, in states with statutory standard form fire policies (such as California), insurers cannot apply exclusions that substantially vary from the terms and conditions in the standard form fire policy … Continue Reading

Mudslide Did Not Cause Building to Explode

Back in May of 2014, I wrote a blog post entitled: Stranger Than Fiction: Property Insurance Policies Do Not Cover…Exploding Corpses!!?! Today, I write on a more recent case out of Colorado.1 What do they have in common, you ask? Both cases deal with creative ways lawyers try to argue the losses at issue were … Continue Reading

Florida District Court Decision on “Your Work” Exclusion in CGL Policy Is At Odds With Law of Numerous Jurisdictions

In Essex Insurance Co. v. DiMucci Development Corp. of Ponce Inlet Inc., U.S. District Judge Roy B. Dalton Jr. recently held that Evanston Insurance Company has no duty to defend a builder in a lawsuit alleging construction defects at one of its Florida condominium complexes based on an exclusion in the policy for damage to … Continue Reading

Court Holds Damages Consequential to Subcontractors Faulty Workmanship is an “Occurrence” and “Property Damage” Under Plain Language of Standard Form Commercial General Liability Policy

New Jersey has joined a growing number of jurisdictions in ruling that damages from a subcontractor’s faulty workmanship may trigger coverage under a Developer/General Contractor’s Commercial General Liability (“CGL”) policy. On August 4, 2016, the New Jersey Supreme Court rendered a unanimous decision affirming the Appellate Division’s holding that consequential damages stemming from a subcontractor’s … Continue Reading

Policy Interpretation Matters for Coverage Application and Court Reminds Insurance Company that it Wrote the Policy

At a recent insurance conference, I heard a discussion in passing between industry folks about the trend of trying to kill the name “all-risk insurance policy.” The basic conversation was that we should stop using the all-risk language and use the form names more because the insinuation has been made that the policies labeled as … Continue Reading

Hail Storms, Wear and Tear, and Inadequate Maintenance

Hailstorms are wreaking havoc as noted in Brandee Bower‘s post yesterday, Greetings From Hail Alley. After contacting their insurance companies, some policyholders unfortunately find their insurance companies deny the claims based on exclusions in the insurance contract involving wear and tear as well as inadequate maintenance.… Continue Reading

Trial Court Finds Carrier Not Bound by Exclusions Cited in Claims Handling Process and Not Estopped From Raising New Exclusions in Litigation

When I get hired on property damage cases, part of the materials I receive from the policyholder, or the public insurance adjuster, is a full or partial denial letter in which the carrier fairly specifically sets out reasons and quotes policy provisions supporting the denial of coverage. If I am hired on a case and … Continue Reading

Intended or Expected Injuries/Damages

In this post, I will look at the intentional acts exclusion. A recent case in Kansas, Parker v. Farm Bureau,1 dealt with intended or expected injuries/damages. The court in Parker found you must look to whether an injury was intended or substantially certain to occur, not just whether an injury happened.… Continue Reading

Arizona Mudslide Case gives hope to California Residents

I’ve previously blogged about mudslides and mudflow and how that impacts homeowners in the mountain and coastal regions of California. Our unique topography literally flows from ocean sands up into the mountains and down into deserts in a short span of distance. Often, homes are perched on the mountain/hillsides for phenomenal views but these areas … Continue Reading

Concurrent Causes of Loss Discussed in Recent Case

When multiple events cause damage, is there coverage? If language in the policy addresses concurrent causes of loss, then that language usually answers the question. If the policy is ambiguous, then look to case law. This was recently discussed in Salem United Methodist Church of Cedar Rapids, Iowa v. Church Mutual Insurance Company.1… Continue Reading
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