Robinson+Cole Property Insurance Coverage Insights

The legal media have been inundated with articles by lawyers who represent policyholders and insurance companies discussing business interruption claims arising from the COVID-19 pandemic. Some of this discussion has carried…more

Business Interruption, Business Losses, Coronavirus/COVID-19, Corporate Counsel, Insurance Claims

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J. Tyler Butts

The District of New Jersey Affirms Application of Suit Limitation Provision in Train Derailment

Although we cover a wide variety of topics and issues on this blog, one issue that recurs with some frequency is the appropriate application of suit limitation provisions that are found in most property policies…more

Insurance Claims, Insurance Litigation, Policy Terms, Statute of Limitations, Summary Judgment

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Stephen Clancy

The Water Exclusion: New York’s Fourth Department Interprets The Definition of Surface Water

The “Water Damage” exclusion incorporated in many property insurance policies is the subject of much litigation, including the scope and applicability of the “surface water” exclusion to various water damage scenarios…more

Denial of Insurance Coverage, Insurance Industry, Insurance Litigation, Policy Exclusions, Policy Terms

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William Daley

Eastern District of New York Magistrate Recommends Denial of a Motion to Remand and Recognizes the Application of the Fraudulent Joinder Doctrine, Even in the Face of the “Forum Defendant Rule”

Recently, in Mallek v. Allstate Indem. Co. No. 17-CV-5949-KAM-SJB, 2018 U.S. Dist. LEXIS 42171 (E.D.N.Y. Mar. 12, 2018) [insert link], a federal magistrate in New York recommended that the Court deny a plaintiff’s motion to…more

Allstate, Bad Faith, Denial of Insurance Coverage, Fire Damage, Fraudulent Joinder

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Kevin Daly

District of New Jersey Applies Anti-Concurrent Causation Provision to Superstorm Sandy Claim

In a recent decision arising out of Superstorm Sandy, the United States District Court for the District of New Jersey confirmed the enforceability of anti-concurrent causation provisions. Zero Barnegat Bay, LLC v. Lexington…more

Anti-Concurrent Causation Clauses, Denial of Insurance Coverage, Flooding, Hurricane Sandy, Insurance Litigation

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Raymond DeMeo

Texas Federal Court Holds Faulty Workmanship Exclusion Applies to All Damage Caused By Drilling Gear Malfunction, Rejects Insured’s Claim for Covered “Resulting Loss”

When does an excluded loss end and a covered “resulting loss” begin? This thorny question was the subject of a recent decision out of the Southern District of Texas, EMS USA, Inc. v. The Travelers Lloyds Insurance Co., No…more

Builders Risk Insurance, Cross Motions, Denial of Insurance Coverage, Energy Sector, Faulty Workmanship

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Jason DePatie

Residence Premises Condition: New York Trial Court Grants Summary Judgment Based On a Finding of A “Feigned” Affidavit

A New York trial court recently granted an insurer’s motion for summary judgment pursuant to the “Residence Premises Condition” contained in a homeowner’s insurance policy. Aschmoneit v. Adirondack Insurance Exchange, 2018 N.Y…more

Homeowner's Insurance, Insurance Claims, Insurance Industry, Insurance Litigation, Policy Terms

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Dana Horton

Freezing Exclusion: Third Circuit Affirms District Court’s Grant Of Summary Judgment To Insurer

Many typical homeowner’s insurance policies contain an exclusion for damages as a result of freezing unless the homeowner uses “reasonable care” to maintain heat in the home…more

Breach of Contract, Denial of Insurance Coverage, Homeowner's Insurance, Insurance Industry, Insurance Litigation

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Erica Kerstein

New York Court Rules Duty to Defend Policies Must Explicitly Provide for Recoupment of Defense Costs

The Second Department, Appellate Division, for the Supreme Court of New York, recently held in a matter of first impression, that an insurance company with a duty to defend may not recover defense costs after a determination…more

Bodily Injury, Defense Costs, Denial of Insurance Coverage, Duty to Defend, First Impression

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Sharone Kornman

Computer Fraud Policy: Eleventh Circuit Affirms District Court’s Finding Of No Coverage For $11M Fraud Claim

In Interactive Communities Int’l v. Great Am. Ins. Co., 2018 U.S. App. LEXIS 12410 (11th Cir. May 10, 2018), the insured sold “chits,” which have a specific monetary value and can be redeemed by loading their monetary value to a…more

Denial of Insurance Coverage, Digital Currency, Fraud, Fraudulent Transfers, Insurance Claims

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Joel McNabney

Period of Restoration and Extended Business Interruption Coverage: District of New Jersey Decision Provides Useful Insight

The United States District Court, District of New Jersey recently issued a decision that is helpful in defining the scope of business interruption coverage with respect to “period of restoration” and extended business income…more

Business Interruption, Contract Interpretation, Denial of Insurance Coverage, Insurance Claims, Insurance Industry

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Kathryn Rattigan

NAIC Releases Draft of Revised Insurance Data Security Model Law for Review

The National Association of Insurance Commissioners’ (NAIC) Cybersecurity Task Force released a revised draft of the Insurance Data Security Model Law (Model Law) last week. The Model Law’s goal is to “establish exclusive…more

Cyber Incident Reporting, Cybersecurity, Data Breach, Data Security, Encryption

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Jonathan Small

Massachusetts Reference Award and Alleged Chapter 93A Violation Addressed By Federal District Court Opinion

The Massachusetts reference process is a creature of statute designed to provide an expeditious method to resolve disputes over the amount of loss covered by a property insurance policy. While a reference panel cannot decide…more

Breach of Contract, Business Interruption, Chapter 93A, Commercial Property Owners, Insurance Claims

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Robinson+Cole Property Insurance Coverage Insights

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