James R. Swinehart First-Party Property Article Recently Published in the ABA Property Insurance Law Newsletter, Winter 2009 Edition
January 15, 2009
James R. Swinehart recently co-authored an article entitled Midwest Floods 2008: Potential Issues If Property Claims Pour In, in the ABA Property Insurance Law Newsletter’s Winter 2009 edition. This article discusses coverage issues which could arise in first-party property claims made as a result of the flooding in the Midwest in the summer of 2008. The article discusses the exclusions for “flood” and “surface water” and whether a levy failure is considered a “flood.” The article also discusses coverage issues relating to civil authority, ingress/egress, and contingent business interruption where flooding may have damaged property other than the insured’s.
Mr. Swinehart is a Shareholder at Clausen Miller PC. He concentrates his practice in the areas of first-party property insurance coverage and defense. Within these areas, he has handled matters involving first-party property claims for property damage, business interruption and extra expense, fraud, arson, misrepresentation, environmental contamination and product contamination, asbestos removal, and other building damage or problems such as fire, hail, collapse and mold. He also has analyzed first-party property issues and handled claims arising from the September 11 attacks. He can be reached at jswinehart@clausen.com.
About the Property Insurance Law Committee
The Property Insurance Law Committee is one of the General Committees of the Tort Trial & Insurance Practice Section (TTIPS) of the American Bar Association. The committee focuses on the law of first-party property insurance coverage, which includes physical damage, boiler & machinery, business income and interruption, extra expense, homeowners, inland marine, and ocean marine insurance. Their website is: http://www.abanet.org/tips/property/home.html
Clark Schirle is the Chairman for the Property Insurance Law Committee. Mr. Schirle is also a partner in the Chicago office of Clausen Miller PC. His practice areas include property losses, business interruption, insurance coverage and international. Mr. Schirle has expertise in litigating large, complex, multi-million dollar first-party property disputes across the country, including builder’s risk claims, boiler and machinery claims and significant business interruption cases. He can be reached at cschirle@clausen.com.
You can also view a copy of the Property Insurance Law Newsletter by clicking on the link below.
ABA Property Insurance Law Committee Newsletter, Winter 2009
