Tag Archives: policy conditions

“Earth Movement” Exclusion Bars Coverage for Damage Traced to Leak from Broken Water Pipe, According to Massachusetts Appeals Court

Most commercial and personal lines property insurance policies exclude damage caused directly or indirectly by the peril of “earth movement.” The ISO version of this exclusion appears in many modern policies and provides that: [Insurer] will not pay for loss or damage caused directly or indirectly by any of the following. Such loss or damage … Continue Reading

Florida 5th District Court of Appeal Requires Showing of Prejudice For Failing To Submit To An EUO Before Suit Is Filed

Policies typically require an insured to submit to an Examination Under Oath (“EUO”) at the request of the insurer. The EUO can be a useful tool during claim adjustment in reaching a fair and informed coverage decision by allowing the insured to explain the facts and circumstances surrounding the claimed loss and substantiating valuation of … Continue Reading

Good Faith and Fair Dealing Claims and Hurricane Deductible Issues Addressed by Florida Supreme Court

Across the country we have seen attempts by insureds to bring a private right of action based on a breach of the implied warranty of good faith and fair dealing with regard to insurance policies. Most recently, this issue came before the Florida Supreme Court, which determined that no such private right of action exists … Continue Reading

Insureds’ Failure to Submit To Examinations Under Oath (EUO) Led to Summary Judgment for Insurer Affirmed By Fifth Circuit

The Fifth Circuit recently affirmed the Eastern District of Louisiana’s grant of summary judgment to the insurer where the insureds refused to submit to an Examination Under Oath (“EUO”) before filing a law suit against their insurer. In Hamilton v. State Farm Fire & Casualty Ins. Co., State Farm insured the Hamiltons under a homeowners’ policy … Continue Reading