Interpretation of the meaning of the term “collapse,” both in the context of a covered peril and as an exclusion, is an often litigated issue where the property has not actually fallen to the ground.
In Kings Ridge Community Association, Inc. v. Sagamore Insurance Company, 2012 Fla. App. LEXIS 10882 (Fla. 5th DCA, July …
As reported by Arthur D. Postal on PropertyCasualty360.com’s online news service, Congress’s recent extension of the National Flood Insurance Program includes a potentially significant provision intended to help resolve debates about allocation of damage between wind and water in hurricane losses.
Recently, Congress passed the Consumer Option for an Alternative System to Allocate Losses (“COASTAL…
As previously mentioned in my blog posts on May 3, 2012 and May 17, 2012, courts are frequently asked to determine whether an appraisal award should be overturned or vacated. Recently, the United States Court of Appeals for the Sixth Circuit held that, under Michigan law, judicial review of an appraisal award is limited…
The Massachusetts Supreme Judicial Court recently considered the interplay between “hidden seepage” coverage, and a “surface water” exclusion, holding that the policy’s enforceable anti-concurrent causation language made all the difference in the court’s conclusion that a loss caused by surface water seeping into a structure was excluded.
In Boazova v. Safety Insurance Company, Docket No.…
As mentioned in my May 3, 2012 blog post, courts are frequently asked to determine whether an appraisal award should be overturned. Recently, the Second Circuit was asked to consider the timeliness of an appraisal demand, whether the determination of the period of restoration implicates a coverage issue of the type appraisers cannot decide, and…
Property insurance policies typically require that the insured repair or replace the damaged property before recovering on a replacement cost value (RCV) basis. The difference between RCV versus actual cash value (ACV) can be substantial, especially where an older building is involved. The Indiana Court of Appeals recently held that an insurer can waive its…
Insurance appraisal awards are frequently the subject of court decisions because of difficulties appraisal panels face when tasked with determining the amount of a loss, especially when the loss implicates potential coverage issues. In the most recent decision coming out of the United States District Court for the Western District of North Carolina, an appraisal…
While Hurricane Katrina related litigation is generally winding down, there are still some cases which are making their way through the Louisiana appellate process. In the most recent decision coming out of the Louisiana Fourth Circuit Court of Appeal, a causation dispute led to an award in favor of an insured for consequential damages and…
The Supreme Court of Georgia recently held that a property insurer potentially was required to compensate an insured for both the cost of building repair, as well as for the diminution of value of the property resulting from the damage, even after repairs were completed. This diminution in value potentially could result, for example, from…
