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Cozen O'Connor

Court Weighs in on Determining “Period of Restoration”

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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

Carlton Fields

The Three “Musts” for a Competent Affidavit or Declaration

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Florida’s Second District Court of Appeal recently issued a decision that serves as a reminder not to take for granted a proposition that most practicing attorneys regularly encounter: a motion for summary judgment must be...more

Nossaman LLP

Court Provides Further Clarification on Inverse Condemnation Liability

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We recently reported on the California Supreme Court’s decision in Oroville which provided a relaxed standard for public agencies facing inverse condemnation claims. Since that decision, a new unpublished Court of Appeal...more

White and Williams LLP

Tennessee Court of Appeals Holds Defendant Has the Burden of Offering Alternative Measure of Damages to Prove that Plaintiff’s...

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In Durkin v. MTown Construction, LLC, 2018 Tenn. App. LEXIS 128, the Court of Appeals of Tennessee considered whether the lower court properly took judicial notice of an alternative measure of damages to the measure of...more

Bradley Arant Boult Cummings LLP

Alternative Measures of Damages in Real Property Disputes in Tennessee

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When it comes to actions arising out of damage to property by a contractor, especially in the residential real property context, Tennessee courts typically balance the cost to repair versus the diminution in value of the...more

Robinson+Cole Property Insurance Coverage...

Competing Causes of Loss: Florida Supreme Court Issues Decision Applying The Concurrent Causation Doctrine

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We have discussed on a number of occasions the issue of causation when there are multiple causes of loss, some covered and some not covered. Most jurisdictions apply what is known as the efficient proximate cause analysis...more

Cozen O'Connor

Massachusetts Court Refuses to Apply Discovery Rule to Commencement of the Suit Limitations Period

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Monday, in Nurse v. Omega U.S.  Insurance., Inc., 2015 Mass. App. LEXIS 158, 2015 WL 5774390 (Mass.App., Oct. 5, 2015), a unanimous panel of Massachusetts’ intermediate level appellate court held that the two-year suit...more

Cozen O'Connor

Seventh Circuit Holds Insured Entitled to a New Roof for Purely Cosmetic Hail Damage

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The Seventh Circuit is becoming a difficult venue for insurers. In November we reported that the Court of Appeals had held that the phrase “continuous or repeated exposure” in definition of occurrence meant that a continuous...more

Cozen O'Connor

Seventh Circuit: Under Wisconsin Law, “Continuous or Repeated Exposure” Language Means That a Continuous Trigger Theory Applies

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Yesterday, in Strauss v. Chubb Indem. Ins. Co., – F.3d – , 2014 WL 6435314, 2014 U.S. App. LEXIS 21794 (7th Cir., Nov. 18, 2014), the Court of Appeals held that the use of the phrase “continuous or repeated exposure” in a...more

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