Risk and Recovery

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Category Archives: Property Damage

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New York Insurance Law: Under Construction

By Seth Schafler and Om V. Alladi on Posted in Commercial General Liability (CGL), Property Damage
Imagine you hired a general contractor to renovate the master bathroom of your home. The general contractor hired a subcontractor to do the plumbing work, but the subcontractor botched the job, resulting in a massive leak causing extensive damage to other areas of your home and valuable personal property. You demand full compensation for the … Continue Reading

Five Ways to Prepare for Business Interruption and Property Damage Insurance Claims in a Natural Disaster

By Marc Eric Rosenthal on Posted in Business Interruption, Catastrophic Loss, Claims Management, Property Damage
The extraordinary images and reports of the devastation from Hurricane Harvey have filled the news outlets. While the focus remains on the human toll and concern for the well-being of friends, colleagues and business partners who may be personally affected by this disaster, its impact will extend far beyond those whose lives and businesses were … Continue Reading

New Jersey State Court Rules Damage Caused by Superstorm Sandy Not Subject to Flood Sublimit

By Michael F. Derksen on Posted in Property Damage
In a decisive victory for policyholders, Judge Thomas Vena of the Essex County Superior Court in New Jersey ruled that significant damages incurred by Public Service Enterprise Group Inc. (“PSEG”) as a result of storm surge flooding caused by Superstorm Sandy were not subject to the relevant policies’ sublimit of $250M for losses caused by … Continue Reading

Texas Supreme Court Denies Policyholder’s Discovery Regarding Claims Handling

By Matthew J. Morris on Posted in Commercial General Liability (CGL), Property Damage
It is rare to see a state’s highest court address a discovery issue.  But the Supreme Court of Texas did just that recently in In re National Lloyds Insurance Co., holding that a policyholder’s demands for discovery about how her homeowner’s insurance carrier’s claims adjusters handled other insurance claims was an impermissible “fishing expedition.”  The … Continue Reading

Fourth Circuit Holds That Insurer Waived Right to Rescind Commercial Property Policy

By Proskauer Labor and Employment Department on Posted in Commercial Property Policy, Property Damage
A powerful weapon in any policyholder’s arsenal is the potential to argue that an insurer waived its right to rescind a policy or deny coverage.  Successfully arguing waiver may allow a policyholder to obtain coverage even where it is alleged to have made material misrepresentations in the policy application or failed to meet a condition … Continue Reading

Sixth Circuit Finds Excess Carrier Had Duty to Indemnify Insured for Property Damage Arising From Alleged Misrepresentations and Duty to Defend When Primary Carrier Wrongfully Denied Coverage

By Michael F. Derksen on Posted in Property Damage
In a decisively pro-policyholder decision issued by the United States Court of Appeals for the Sixth Circuit in IMG Worldwide, Inc. v. Westchester Fire Ins. Co., Nos. 13-3832, 13-3837 (6th Cir. July 15, 2014), the court righted a wrong in not only affirming a jury’s finding that an excess carrier had breached its duty to … Continue Reading

Alabama Supreme Court Reverses Course, Finds Insurance Coverage for Faulty Workmanship Claims

By Bradley J. Lorden on Posted in Commercial General Liability (CGL), Property Damage
Companies such as homebuilders, construction companies and contractors face significant financial risk from bodily injury and property damage claims arising from allegedly faulty workmanship or construction defects.  Although these companies purchase commercial general liability (“CGL”) policies to manage those risks, they often face obstacles to recovery under policy terms and exclusions that purportedly preclude coverage … Continue Reading
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