Tag Archives: Exclusion

Follow-Up: My Insurance Claim Was Denied Because My Water Leak Lasted Over a Period of 14 Days or More – Was the Denial Proper?

In March, I posted a blog on the Hicks v. American Integrity Insurance Company opinion,1 in which a Florida court ruled that policy language stating: “we do not insure…for loss…caused by…constant or repeated seepage or leakage of water…over a period of 14 or more days,” did not preclude coverage for damage caused during the first … Continue Reading

Freezing Exclusion – What Does It Really Mean to Use Reasonable Efforts to Maintain Heat in the Building?

Whether residential or commercial, most property coverage policies exclude loss caused by freezing, unless the insured either: Uses reasonable or best efforts to maintain heat in the building; or drains the plumbing lines. Application of this freezing exclusion, however, often turns on interpreting or defining what the terms “reasonable,” “best efforts,” and “building” mean.… Continue Reading

My Insurance Claim Was Denied Because My Water Leak Lasted Over a Period of 14 Days or More – Was the Denial Proper?

Many property insurance policies have a provision that states something similar to the following: “we do not insure…for loss…caused by…constant or repeated seepage or leakage of water…over a period of 14 or more days.” Insureds may find their claims for water loss under their homeowners’ policy denied on the grounds that the leak was present … Continue Reading

California Mudslide Exclusions Unenforceable Where Wildfires Caused Slide

Most homeowners and commercial insurance policies contains exclusions for loss or damages caused by mudflow or other similar occurrences. An example of on such exclusion is included below: b. Earth Movement and Settlement, meaning earthquake, which includes land shock wavers or tremors before, during or after a volcanic eruption; landslide; mudflow; sinkhole; earth sinking, rising … Continue Reading

How Does the Ordinance Section of My Insurance Policy Affect the Florida “25% Rule”?

Section 708.1.1 of the Florida Building Code, often referred to as the “25% Rule,” implements guidelines for roof replacement requirements. The section states, Not more than 25 percent of the total roof area or roof section of any existing building or structure shall be repaired, replaced or recovered in any 12-month period unless the entire … Continue Reading

Roof Exclusions: A Lower Premium Could Cost You Big

When renewing your insurance premium, it’s common for your insurance agent to offer you any discounts you qualify for. These discounts can range in size from a few dollars to several hundred dollars, depending on the discount. For example, it is well known that a multi-policy discount can save you hundreds of dollars annually when … Continue Reading

Does a Protective Safeguards Endorsement Violate the Standard Fire Insurance Policy?

As discussed in my blog post last week, the 1943 New York Standard Fire Policy (“the Standard Fire Policy”), or a statutory version differing from it only slightly, is used in many states. The Standard Fire Policy potentially affords insureds more fire coverage than they may otherwise have, given the limited number of provisions which … Continue Reading

Is Unauthorized Construction/Demolition Performed by a Tenant Covered Damage Under a First-Party Property Policy?

If a homeowner agrees to sell a home, and as part of the sale agreement allows the prospective buyer to: (1) lease the property before escrow is closed, and (2) make certain improvements to the property with the owner’s permission, but then, after taking possession during the lease, the prospective buyer tears the property down … Continue Reading

The Interplay Between Property Damage Caused by an Explosion and Coverage

Insurance provisions related to explosions, like all other terms, are subject to the rules of construction applied to all insurance contracts. Typically, property damage caused by explosions is covered under the policy. However, some policies may expressly define the term “explosion” to exclude events that would generally be defined as such.1 For instance, policies may … Continue Reading

Risks and Activities Covered by Insurance Policies

Often, your insurance policy will protect your property from loss by burglary, larceny, and other types of offenses. However, policies also contain numerous exclusions so it is important to read the small type in these policies because insurance companies often narrow these common-law offenses by placing certain requirements on the activity. For instance, the policy … Continue Reading
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