Showing all results for category “first party property”

New York High Court Rules for Insurers: Presence of Covid-19 and Government Shutdown Orders Do Not Constitute Direct Physical Loss or Damage Under Property Policies

Melinda Kollross analyzes a New York Court of Appeals decision holding that the presence of COVID-19 on premises and government shutdown orders to prevent the spread of COVID-19 do not constitute “direct physical loss or damage” under a property policy.

Policy Does Not Cover Wildfire Destruction of Two Residential Homes During Construction When Insured Failed to Disclose the Construction on Insurance Application

In Travelers Prop. Cas. Co. of Am. v. Talcon Grp. LLC, the United States Court of Appeals for the Eleventh Circuit affirmed the district court’s entry of summary judgment in favor of Travelers, and held that the Policy excluded coverage for Talcon’s two residential homes destroyed by wildfire during construction, where Talcon failed to disclose said residential construction on his insurance application. More specifically, the Court found that the Policy, “when viewed together with the insured’s insurance application as required by Florida law, unambiguously provides coverage for only underground utility operations and the site development work tied to those operations [but] did not extend to the construction of the two [residential] homes.”

Third District Court of Appeal Examines a Jury Instruction on Concurrent Causation and a Policy’s “Earth Movement” Exclusion in a Claim for Damages from Rock Quarry Blasting

By Kelly M. Vogt

In an opinion filed on November 29, 2023 in Tower Hill Prime Ins. Co. v. Ivet & Mario Bermudez, Case No. 3D22-0828, the Third District Court of Appeal affirmed the final judgment entered in favor of the insured in its claim against Tower Hill for breach of contract and addressed the subject policy’s earth movement exclusion and a jury instruction on concurrent causation.

Southern District of Florida Holds that Fl. Stat. § 627.70152 May Be Applied Retroactively

Douglas Cohen examines a Southern District of Florida ruling in which the Court held that the pre-suit notice requirement of a Florida statute applied retroactively in a Hurricane Irma first party property claim and dismissed the plaintiff’s lawsuit.

Third District Court of Appeal Orders New Trial for Insurer Following Admission of Incorrect Value of Damages by Insured

Kelly Vogt breaks down a 3rd District Court of Appeal decision ordering a new trial for an insurer after finding that the trial court allowed an insured to present evidence on the replacement cost value of damages rather than the actual cash value.

Zissu and Van Dusen Obtain Appraisal for Disputed Amount of Loss

Clausen Miller Shareholder Jacob Zissu and Connecticut Office Managing Partner Matthew Van Dusen recently won a motion before the U.S. District Court for the District of Connecticut compelling appraisal on behalf of a market of Insurers in a large first-party property/builder’s risk fire loss.

Clausen Miller to Open Milwaukee, Wisconsin Office on June 1

The new office, located in the heart of the city, will be led by Wisconsin Managing Partner Jim Weck.

Pandemic Coverage Claims Update: Federal and State Appellate Tribunals Continue to Rule For Insurers

By Melinda S. Kollross

In a long awaited decision, the United States Court of Appeals for the Third Circuit, encompassing the areas of Pennsylvania, New Jersey, Delaware, and the Virgin Islands, ruled that there is no coverage for pandemic related economic loses.

Following Stove Fire, Co-insured Tenant Denied Coverage for Contribution Claim

By Don R. Sampen, published, Chicago Daily Law Bulletin, January 3, 2022

The Illinois Supreme Court recently limited the application of a 1992 decision of the court that deemed a tenant to be a co-insured under a landlord’s fire insurance policy.

CM Report of Recent Decisions – 2022 Volume 4

Cover: Holiday Lights in Chicago, IL

SIDEBAR – United States Supreme Court Set To Decide “Game Changing” Case On General Personal Jurisdiction Over A Foreign Corporation

We wish to alert our friends in the defense and insurance industries of a case that will soon be decided by the United States Supreme Court.