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Breach of Contract › Policy Exclusions › Property Insurance

Zelle LLP

Massachusetts Collapse Decision Highlights Importance of Careful Underwriting

Zelle LLP on

During the underwriting process, carriers should review affirmative coverages not only to ensure consistency with applicable exclusions but also to make sure that the coverages themselves are internally consistent. Failure to...more

Zelle LLP

Any is Not All and The Future is Not Now: The Contours of the Cosmetic Damage Exclusion Taking Shape

Zelle LLP on

In Iyengar v. Liberty Insurance Corporation, No. SA-21-CV-1091-FB, 2024 WL 5505300 (W.D. Tex. Dec. 13, 2024), District Judge Biery denied Plaintiffs’ Motion for Clarification regarding Magistrate Judge Bemporad’s...more

Marshall Dennehey

Adequate Notice Requires More Than the Delivery of a Policy

Marshall Dennehey on

Key Points: Supreme Court of Idaho on December 31, 2024, reversed and remanded district court’s grant of summary judgment in favor of builder who asserted negligence claims against its insurance company and sought damages...more

Cozen O'Connor

Claims Notes - November 2024

Cozen O'Connor on

After several hurricanes, a church submitted a first-party property claim. The church also had pending coverage litigation from prior tornado damage. On October 12, 2020, the independent adjuster (IA) inspected and...more

Jaburg Wilk

Arizona District Court Enforces “Virus Exclusion” to Dismiss COVID-19 Related Insurance Claims of Minor League Baseball Teams

Jaburg Wilk on

The Holding - In Chattanooga Prof’l Baseball LLC, v. Nat’l Cas. Co., 2020 WL 6699480 (D. Ariz. Nov. 13, 2020) (Order), the Arizona District Court held that a “Virus Exclusion” clearly precluded insurance coverage for losses...more

Robinson+Cole Property Insurance Coverage...

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

Robinson+Cole Property Insurance Coverage... on

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

Carlton Fields

Georgia Federal Court Rules on Questions of Efficient Proximate Cause, Manifestation/Continuous Trigger and Pro Rata Allocation of...

Carlton Fields on

In ACE American Ins. Co. v. Exide Technologies, Inc. and The Wattles Co., No. 1:16-CV-1600-MHC (N.D. Ga. Sept. 20, 2017), the Federal District Court for the Northern District of Georgia applied a continuous trigger theory to...more

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