News & Analysis as of

Property Damage Water Damage

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

Marshall Dennehey

Florida’s Third District Court of Appeal Reverses Five Interlocutory Orders in Favor of the Appellees, Leading to a Reversal of...

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Citizens Property Insurance Corporation v. Ramon Arias, et al., Fla. 3d DCA, No. 3D23-0895, December 4, 2024 - Citizens Property Insurance Corporation appealed a May 2, 2023, final judgment entered in favor of Ramon and...more

Ward and Smith, P.A.

Your Neighbor's Water Caused Damage to Your Property: Who Bears Legal Responsibility?

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Over the last several years, the frequency and intensity of rain and other natural disaster events have increasingly impacted both business and individual property owners across North Carolina in a variety of ways....more

Adams & Reese

Florida Courts Disagree on Contractor’s License Requirements for Disaster Recovery Tasks

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On the heels of a record-breaking three hurricanes making landfall in Florida in 2024 – Debby, Helene, and Milton – disaster recovery is obviously a hot topic as residents and business owners work to recover from the...more

Rivkin Radler LLP

August 2024 New York Insurance Coverage Law Update

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Merchants Preferred Insurance Company filed a declaratory judgment action in New York seeking a declaration that it had no duty to defend or to indemnify its insureds in an underlying Florida personal injury action arising...more

Marshall Dennehey

Fifth District Court of Appeals Overturned Trial Court’s Dismissal of Insured’s Complaint as the Policy’s Loss Payment Provision...

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Aymee Taylor v. State Farm Florida Insurance Company, 5D23-0243 (5th Fla. DCA, Apr. 12, 2024) - The insured suffered water damage caused by a overflowing sink. State Farm covered the loss, and the parties participated in the...more

White and Williams LLP

Water Losses 101: A Discussion of Common Causes of Water Losses and How to Investigate them – Part 2

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The newest episode of the Subro Sessions podcast, is hosted by Gus Sara, Partner, and Michael DeBona, Counsel, who are joined by guest J. Pablo Ross, PE, of Ross Engineering. The episode, entitled “Water Losses 101: A...more

Robinson+Cole Construction Law Zone

Water Alone is Not Property Damage Under a CGL Policy in Connecticut

The Connecticut Appellate Court recently provided guidance on what does not constitute property damage under a typical contractor’s Commercial General Liability (CGL) insurance policy in Westchester Modular Homes of Fairfield...more

Marshall Dennehey

Grappling With the Wear and Tear Exclusions of Homeowners’ Policies

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Chabad of Key Biscayne, Inc. v. Scottsdale Ins. Co., No. 22-13603 (11th Cir. 2023) - Chabad filed a claim for water damage after a drain or sewer pipe broke. The insurer denied the claim under the general water damage...more

Butler Weihmuller Katz Craig LLP

Tear-Out Costs Get Torn Out Again

On September 13, 2023, the Third District Court of Appeal released its opinion in People’s Trust Insurance Company v. Banks. The opinion is a substitute opinion for the Court’s original opinion, which was issued on August 13,...more

Davidoff Hutcher & Citron LLP

Leaks & Water Damage in Co-ops: 4 Questions to Determine Who is Responsible for Repairs

1. If a Leak Destroys an Apartment, is a Co-Op Board Responsible for the Repairs? In the event of a fire, water, or other damage, almost every proprietary lease has boilerplate language on who is responsible for certain...more

J.S. Held

How to Handle Complex Ports and Terminals Business Interruption Insurance Claims

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Ports and terminals serve as the primary infrastructure for movement of goods and commodities in and out of a country and therefore play a vital role in global trade. As well as facilitating trade, ports and terminals also...more

Woodruff Sawyer

Mitigating or Preventing Water Damage

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Water’s capacity to inflict severe and costly damage looms large over all construction projects. Whether it’s caused by Mother Nature or human error, water damage presents a ubiquitous threat. Because construction water...more

J.S. Held

Water Damage Restoration - A Guide to Advanced Structural Drying

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Advanced Structural Drying (ASD) is the effective, efficient drying of water-damaged buildings and dwellings, using comprehensive knowledge and tools. The process includes the collection of appropriate data for utilization...more

Baker Donelson

Does Your Water Damage Sublimit Really Limit Your Water Damages? It Depends...

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On June 29, 2022, Florida's Fourth District Court of Appeal issued a favorable decision for insurers, but on its face, the decision may seem to conflict with Fifth District law....more

J.S. Held

A Guide to Wind Versus Water Assessments for Property Damage Claims

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Since 2016, the United States has had at least one landfalling hurricane each year and a total of 19 landfalling hurricanes. According to the Insurance Information Institute, five of the top 10 costliest hurricanes have...more

Troutman Pepper Locke

May 2022 Property Insurance Law Updates

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Issues to Watch - 1. Causation—What is an insured’s burden when the claimed loss involves a mix of covered and non-covered causes? Overstreet v. Allstate Vehicle & Prop. Ins. Co., No. 21-10462, 2022 WL 1579278 (5th Cir....more

Butler Weihmuller Katz Craig LLP

The Water Damage Endorsement Does Not Include “Tear Out” Cost in Cast Iron Pipe Claims

Florida is replete with houses that contain cast iron pipes. After several years, those pipes deteriorate to the point that water leaks out, causing a loss. The Fifth District Court of Appeal recently addressed this same fact...more

Cozen O'Connor

Wind Before Storm May Blow Away Flood Exclusions

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Flood exclusions may not apply when floods are preceded by winds strong enough to independently cause the loss, according to a recent decision issued by the Western District of Louisiana. In Doxey v. Aegis Security Ins. Co.,...more

Cozen O'Connor

Pennsylvania District Court Holds Materiality Does Not Require Fraud

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A District Court in the Eastern District of Pennsylvania recently held that an insured’s submission of  invoices altered to inflate replacement costs for water-damaged inventory constituted material misrepresentations. ...more

Rumberger | Kirk

Summary Judgment Win Could Pave the Way for Insurance Carriers to Enforce Water Damage Coverage Limitation Endorsements

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Chances are, if you live in Florida, you have seen a billboard or heard an advertisement about water damage or pipe lawsuits.  For some time, insureds have filed claims and lawsuits alleging repair costs that frequently...more

Rivkin Radler LLP

New York Insurance Coverage Law Update

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New York Court Reaffirms That Contractor’s Defective Work Is Not A Covered “Occurrence” Anthony and Sandra Tamer hired RD Rice Construction (“Rice”) as a general contractor to gut and rebuild their combined residential...more

Fox Rothschild LLP

Opinion Involving ‘Roof’ Provides Reminder On Documenting Insurance Claims

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Does a tarp installed on top of a hotel's existing roof constitute part of the "roof" under the insured’s policy? Perhaps, according to Judge Wendy Beetlestone of the U.S. District Court for the Eastern District of...more

Carlton Fields

Flooded: Court Finds “Named Windstorm” Coverage, and Not Flood Sublimit, Applies to Superstorm Sandy Water Damage Claim

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When the National Weather Service names a storm heading in your direction, you know to expect wind and water. This can create a quandary for property insurers. Is water damage from a named windstorm caused by the flood or the...more

White and Williams LLP

New Jersey Federal Court Provides Clarification/Limitation on the Application of the Continuous Trigger Theory in Construction...

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The proper trigger of coverage in construction defect disputes has been addressed on several occasions by New Jersey courts. Most notably, in Air Master & Cooling, Inc. v. Selective Insurance Company of America, 452 N.J....more

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