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
As I sit in what is currently a frozen tundra (the New York/ New Jersey Metropolitan area) my dreams of the spring and summer boating season were aroused by a case out of Florida, currently before the Eleventh Circuit Court of Appeals.1… Continue Reading
On December 1, 2016, the Florida Supreme Court decided Sebo v. American Home Assurance Company, Inc.,1 resolving whether coverage existed under an all-risk policy when there were multiple causes of loss and at least one of the causes was excluded, in favor of the insured.… Continue Reading
As many of us know, mold can develop following a water loss. In California, water losses are one of the most common property damage claims we see. So how do insurers address mold in relation to water damage claims?… Continue Reading
With freezing temperatures and blizzards sweeping a good part of the country, I thought I would blog on a case about a swimming pool, giving us a subtle reminder that winter is temporary and spring is on its way. It also provides guidance on the status of anticoncurrent causation clauses in Illinois insurance policies.… Continue Reading
A recent opinion was issued from a Florida appellate court involving a property insurance claim that stemmed from multiple losses. The Second District Appeals Court of Florida noted in the opinion that the multiple-peril loss issue has not often arisen in Florida case law history regarding first-party property insurance claims. The case is American Home … Continue Reading
Recently, a small restaurant was vandalized. The damage caused by the vandals caused a water leak, which damaged the restaurant’s top floor bathroom and the bottom floor of the property. The damage was extensive, and the restaurant retained a water remediation company that same day. The restaurant’s owner retained a public adjuster who he used … Continue Reading
Many losses are a result of a chain of events. Some claims have one or two causes, others have many more. The important question to determine whether a loss is covered by a particular policy is what set the chain of events in motion. When analyzing a chain of events fact pattern, courts look at … Continue Reading
Every policyholder’s first question after a loss is: does my insurance policy cover this? Some policyholders have a named peril policy insuring against certain risks that are enumerated within the policy itself. Others have an all-risk policy that insures against every peril that is not specifically excluded under the terms of the policy. Regardless of … Continue Reading
