News & Analysis as of

Homeowners Policy Exclusions

Farella Braun + Martel LLP

The Evolving Landscape of Wildfire Insurance in California and Takeaways for Policyholders

Wildfires in California are occurring with greater frequency, causing more destruction, and increasingly igniting in unexpected locations and at unforeseen times. Since the 1970s, the length of the wildfire season in western...more

Conn Kavanaugh

Will Your Homeowners Insurance Policy Provide Coverage for Everything That Could Go Wrong this Summer?

Conn Kavanaugh on

Memorial Day is approaching and, with it, the unofficial start of summer. Many minds turn to thoughts of cookouts, inviting friends over to swim in backyard pools, and evenings spent playing basketball games on driveways....more

Lathrop GPM

California Courts Continue to Grapple with What Constitutes Wildfire “Direct Physical Loss or Damage”

Lathrop GPM on

In Gharibian et al., v. Wawanesa General Insurance Company, the California Second District Court of Appeal found that, under California law, the insureds failed to prove smoke, soot, ash and fire debris on covered property...more

Sheppard Mullin Richter & Hampton LLP

An Insurer is not Vicariously Liable for Actions by an Agent That Are Outside the Scope of the Agency Relationship and Were...

In December 2020, Plaintiff Erin Hughes applied for homeowners coverage for her Malibu home with her Farmers’ insurance agent. Hughes obtained a fire policy through the California FAIR Plan and a homeowners policy through...more

Carlton Fields

Tenth Circuit Upholds Clear and Unambiguous ATV Exclusion in Homeowners Policy

Carlton Fields on

The Tenth Circuit Court of Appeals declared that an insurer’s homeowners policy all-terrain vehicle exclusion barred coverage for a Utah insured’s injuries that did not occur at the “insured location.”...more

Bradley Arant Boult Cummings LLP

California Appeals Court Says No Duty to Defend Where Policy Exclusion Applies

In Ali Heidari v. Golden Bear Insurance, a California appeals court recently affirmed a lower court’s decision to deny relief under a CGL policy, where the policy excluded from coverage work performed by subcontractors under...more

Rivkin Radler LLP

Insurance Update - December 2021

Rivkin Radler LLP on

Our December Insurance Update features four cases. The Minnesota Supreme Court decides if a resident-relative exclusion violates public policy. A Texas appellate court considers, for a second time, if damage from...more

Butler Snow LLP

Got mold? If so, you probably don’t have insurance coverage for it.

Butler Snow LLP on

It happens all the time – a water leak in a house or other building goes unnoticed for some period of time, and then mold appears. Insurance policies generally provide coverage to repair water damage, provided other policy...more

Carlton Fields

Connecticut Supreme Court Fortifies Crumbling Foundation Claim Denials in Trio of Insurer Victories

Carlton Fields on

A year ago, we wrote about a rapidly emerging area of insurance litigation in Connecticut: crumbling foundations. As a quick recap, tens of thousands of homes in northeastern Connecticut built over a span of more than 30...more

Sheppard Mullin Richter & Hampton LLP

Court Finds That “Care, Custody Or Control” Exclusion Did Not Negate Coverage For General Contractor Who Shared Jobsite...

McMillin Homes Constr., Inc. v. National Fire & Marine Ins. Co., 35 Cal.App.5th 1042 (2019); Fourth Appellate District Court of Appeal, Division One, Case No. D074219 (June 5, 2019). McMillin Homes Construction, Inc....more

Jaburg Wilk

Arizona Supreme Court Holds Contractual Liability Exclusion Does Not Apply to Breach of Duty to Reasonably Construct Home

Jaburg Wilk on

The Holding - In Teufel v. Am. Family Mut. Ins. Co., 244 Ariz. 383, 419 P.3d 546 (2018), the Arizona Supreme Court recently held that a Contractual Liability Exclusion in homeowner policies did not apply to a claim for...more

Rumberger | Kirk

The Option to Repair: Making it Work

Rumberger | Kirk on

Florida homeowner insurers are seeing a significant increase in claims and litigation and are seeking ways to avoid costly litigation and expedite the claims process for their insureds. One option for the insurer is to...more

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