In El Dueno, LLC v. Mid-Century Insurance Company (2025 WL 1540329) (10th Cir. 2025)), the Tenth Circuit Court of Appeals affirmed summary judgement on behalf of the insurer on the basis that the insurer did not act in bad...more
6/13/2025
/ Appeals ,
Appellate Courts ,
Bad Faith ,
Denial of Insurance Coverage ,
Expert Reports ,
Insurance Claims ,
Insurance Contracts ,
Insurance Industry ,
Insurance Litigation ,
Property Damage ,
Property Insurance ,
Summary Judgment
In Comprehensive Medical Center, Inc. v. State Farm Mutual Automobile Insurance Company, 2025 WL 416814 (9th Cir. 2025), the Ninth Circuit Court of Appeals affirmed the district court’s determination that the period of...more
In Bob Robison Commercial Flooring Inc. v. RLI Insurance Company (2025 WL 852889 (8th Cir. 2025), the United States Court of Appeals for the Eighth Circuit determined that an ensuing loss provision of a builder’s risk...more
In Curtis Park Group, LLC v. Allied World Specialty Insurance Company (2024 WL 5194886 (10th Cir. 2024)), the U.S. Court of Appeals for the Tenth Circuit determined that an insured real estate developer could not recover the...more
2/4/2025
/ Construction Contracts ,
Construction Litigation ,
Contractors ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Property Damage ,
Property Insurance ,
Real Estate Development ,
Risk Management
In Life Skills, Inc. v. Harleysville Insurance Company, 2024 WL 3792261 (D. Mass. 2024), the District Court of Massachusetts found that “collapse” provisions within a commercial property policy were ambiguous where a floor...more
In MAve Hotel Investors LLC d/b/a The MAve Hotel, et al. v. Certain Underwriters at Lloyd’s, London, et al., 2024 WL 2830909, (S.D.N.Y. 2024), to preserve diversity jurisdiction, the United States District Court for the...more
6/13/2024
/ Citizenship ,
Commercial Property Owners ,
Diversity ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Policy Terms ,
Property Damage ,
Property Insurance ,
Subject Matter Jurisdiction ,
Underwriting
In Mankoff v. Privilege Underwriters Reciprocal Exchange (2024 WL 322297 (Tex. App.—Dallas Jan. 29, 2024)), the Court determined that the term “windstorm” was ambiguous as utilized in the subject insurance policy....more
A federal court recently held that ongoing insurance coverage issues should not prevent an appraisal from going forward as per an appraisal clause in the insurance policy. In DC Plastic Products Corp. v. Westchester Surplus...more
In Jowite Limited Partnership v. Federal Insurance Company, the United States District Court for the District of Maryland issued a rare opinion addressing whether “collapse” is a covered “ensuing loss” under an all-risks...more
Last week Hurricane Laura became the strongest hurricane on record to make landfall in the state of Louisiana since 1856. The Category 4 storm claimed at least 10 lives and caused an estimated $4 to $7 billion in property...more
Coronavirus (“COVID-19”) has disrupted events, supply chains, sales, and entire industries. As a result, businesses are going to look to their property insurers to recuperate lost business income, as well as expenses related...more
3/18/2020
/ China ,
Civil Authority Coverage ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Infectious Diseases ,
Insurance Claims ,
Policy Exclusions ,
Policy Terms ,
Property Damage ,
Property Insurance ,
Public Health
The novel coronavirus 2019 (COVID-19) has disrupted events, supply chains, sales, and entire industries. As a result, businesses will likely look to their property insurers to recuperate lost business income, as well as...more
3/16/2020
/ Business Disruption ,
Business Interruption ,
Business Losses ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Infectious Diseases ,
Insurance Claims ,
Liability Insurance ,
Policy Exclusions ,
Policy Terms ,
Property Damage ,
Public Health ,
Third-Party Liability
Those familiar with first party insurance policies have undoubtedly encountered a recurring issue with the interpretation of appraisal provisions – what does it mean to disagree on the amount of loss? ...more