Tag Archives: Ensuing Loss

Does My Insurance Cover Faulty Construction?

Homeowners and commercial property owners may find themselves in situations where a contractor or subcontractor performed construction on the property that was defective or faulty and may have resulted in additional loss to the property. Are these damages covered by insurance?… Continue Reading

Defective Construction and Ensuing Loss Provisions

A public adjuster called with a common situation—a property loss occurred during repair and the insurance company had initially denied the claim, saying that the loss was from defective construction. The smart public adjuster thought the property damage caused in part by defective construction could lead to coverage under an ensuing loss provision. The policyholder … Continue Reading

Is Ensuing Mold Damage Covered? – Breaking Down Your Homeowners Insurance Policy

Property policies usually include a mold exclusion. Water damage, however, is a commonly covered “cause of loss.” Mold growth and water infiltration have a close causal tie, and there has been a raging dispute in the industry over whether property policies respond to mold losses when water infiltration, a covered cause of loss, caused or … Continue Reading

Whipped Cream, Honey and Covered Ensuing Loss Delights

Herb Albert and the Tijuana Brass produced an album, Whipped Cream and Other Delights, which has been on my mind lately. While a number of my less academic colleagues would simply be interested in the album cover and the music–  –my insurance coverage nerd personality drove me to research insurance coverage cases involving whipped cream or honey.… Continue Reading

Which Came First, The Windstorm Or Some Other Cause?

The chicken or the egg causality dilemma is commonly stated as “which came first, the chicken or the egg?” To ancient philosophers, the question about the first chicken or egg also evoked questions of how life and the universe began. Similarly, yet minus the philosophical dilemma, in first party property insurance policy interpretation, parties are … Continue Reading

Is Mold Covered Under my Texas Homeowners Policy?

Oftentimes after a windstorm, flood, or plumbing leak, mold develops in a home. There are several standard insurance policies issued in Texas, and they all have some language that deals with mold. For example, a standard Texas Dwelling Policy—Form 3 specifically excludes mold damage, but covers an “ensuing loss” caused by water damage. These clauses … Continue Reading

Texas Supreme Court Retreats From Its Previous Broad Mold Exclusion Ruling

The Texas Supreme Court released an interesting ruling recently. Many were intrigued by it because it appeared to be counterintuitive at first glance. In State Farm Lloyds et al. v. Page, No. 08-0799, 2010 WL 2331460 (Tex. June 11, 2010), the Court decided that mold damage to a woman’s personal property was covered in a … Continue Reading

Ensuing or Resulting Loss, and the Burden of Proving Causation Explained Simply

I am always looking for "an edge." Just something to get a better chance of winning for my client–like all good litigators. This morning’s post, Chinese Drywall Losses Covered Under First Party Property Insurance Policy, mentioned how going to a NAPIA Conference can give a policyholder’s advocate that type of "edge." Let me explain how … Continue Reading

FC&S Says Ensuing Loss Coverage Applies to Chinese Drywall Claims

The insurance industry is probably calling and writing the editors of the FC&S Bulletin because the June 2009 edition correctly notes that Ensuing Loss Damage is covered under the ISO form policies for typical Chinese Drywall losses. I recently noted various coverage issues related to Chinese Drywall. A number of these cases are coming to our … Continue Reading
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