Showing all results for category “property damage”

Insurer’s Payment of Full Appraisal Award and Statutory Attorney’s Fees Precludes Recovery of Attorney’s Fees Under Tex. Ins. Code § 542A.007(a)(3)(A)

In Rodriguez v. Safeco Ins. Co. of Indiana, the Supreme Court of Texas held that in an action under Chapter 542A of the Texas Prompt Payment of Claims Act, the plain language of 542A.007 mandates that an insurer’s payment of the full appraisal award plus any possible statutory interest precludes recovery of attorney’s fees.

Illinois Appellate Court Reverses Trial Court Ruling Insurer Owed No Duty to Defend Condo Board Under D&O Coverage: “Reserves” Exclusion Does Not Apply to Condo Owners’ Claims of Underinsurance

By Thushan M. Sabaratnam

In Truck Insurance Exchange v. Ulman, 2023 IL App (1st) 220804, the Illinois Appellate Court, First District, reversed a judgment on the pleadings and declaration an insurer owed no duty to defend a condo association’s directors under the condo policy’s Directors &

Claims-handling Discrimination May Trigger FHA Liability: Court

The U.S. District Court for the Northern District of Illinois held that State Farm’s handling of an insured’s property damage claims may constitute discrimination under one section of the Federal Housing Act. Don Sampen breaks down the case for the Chicago Daily Law Bulletin.

Governmental-action Exclusion Applied to ‘Indirect’ Damage

By Don R. Sampen, published, Chicago Daily Law Bulletin, October 3, 2023

In a case of first impression, the 3rd District Appellate Court recently held that an insured’s property damage accidentally caused by a contractor hired by a municipality to demolish a building on an adjacent lot was not covered by the insured’s commercial property policy.

1st District Holds Broker Had No Obligation to Additional Insured

Don Sampen examines a 1st District Appellate court’s decision that an insurance broker does not have liability to an additional insured after helping the named insured avoid payment to that party.

Prevention Costs Held Not to Constitute Property Damage

By Don R. Sampen, published, Chicago Daily Law Bulletin, April 4, 2023

The U.S. District Court for the Northern District of Illinois recently held that a steel subcontractor’s defective work, causing the general contractor to incur added costs for investigating,

Tom Moody Obtains Third 2022 Summary-Judgment Victory in Case Challenging a Denial of Coverage for Alleged Hurricane Property-Damage

Attorney Tom Moody recently obtained his third summary-judgment win of 2022 when a Florida federal District Court Judge granted summary judgment in a lawsuit challenging a denial of first-party property insurance coverage because of insufficient notice and evidence of causation.