Showing all results for category “property damage”

Regulatory Approval Found Not to Negate Pollution Exclusion

February 11, 2026 / News / Writing and Speaking

Don Sampen analyzes an Illinois Supreme Court decision that a permit or regulation authorizing the emission of pollution has no relevance in determining the application of a pollution exclusion in a standard commercial general liability policy.

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Florida’s Middle District Denies Plaintiffs’ Motion for Voluntary Dismissal to Rectify Deficiencies

December 12, 2025 / News / Writing and Speaking

Douglas Cohen analyzes a Florida Middle District decision that denied the plaintiffs’ motion for voluntary dismissal to rectify deficiencies in the defendant’s motion for summary judgment after determining that the plaintiffs were solely attempting to avoid an adverse ruling and have a “do-over.”

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Florida Second District Court of Appeal Reverses Directed Verdict on ACV in Favor of Insurer, Remands for New Trial

October 30, 2025 / News / Writing and Speaking

Zachary Sonenblum analyzes a Florida Second District Court of Appeal decision to reverse a directed verdict on actual cash value (ACV) entered in favor of the insurer, remanding the case for a new trial.

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Florida First District Court of Appeal Finds No Breach of Contract for Insurer After Actual Cash Value Payment in Hurricane Sally Damage Dispute

October 13, 2025 / News / Writing and Speaking

Kelly Vogt analyzes a Florida First District Court of Appeal homeowners’ insurance case where a contrary damages estimate was not submitted to the insurer until the eve of the trial. The court affirmed no breach of contract for the insurer.

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Suit Limitations Provision Applies Despite Appraisal Demand

October 7, 2025 / News / Writing and Speaking

Don Sampen analyzes a Northern District of Illinois decision that found a two-year suit limitations provision in a property insurance policy would apply even though a demand for appraisal was pending when the two-year period expired.

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Appellate Court Finds Property Damage Estimate Came Too Late

August 19, 2025 / News / Writing and Speaking

Don Sampen analyzes a 1st District Appellate Court decision that found an apartment building owner was not entitled to coverage for all claimed rehab costs or lost rents after the property was vandalized because the building was under a court order to close, and some damage estimates came too late.

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Zimmerman and Torrence Win Summary Judgment for Insurer in Coverage Action Based on Construction Operations Exclusion

August 11, 2025 / News

Congratulations to Mark Zimmerman and Mitchel Torrence on securing summary judgment for the insurer in an insurance coverage action related to an HVAC renovation. The court found no coverage for a construction contractor’s injury in an area of the property unrelated to the renovation due to the policy’s construction operations exclusion.

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Policy Limitation Period Defeats Insured’s Bid to Save Lawsuit

July 23, 2025 / News / Writing and Speaking

Don Sampen analyzes a 2nd District Appellate Court decision that held an insured’s lawsuit against an insurer was barred by the policy’s one-year suit limitations clause. The court found that equitable tolling did not apply despite the insured filing an earlier suit that was dismissed for improper joinder.

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Florida Third District Court of Appeal Holds Business Interruption Coverage Requires Physical Loss or Damage

March 27, 2025 / News / Writing and Speaking

Kelly Vogt analyzes a Florida Third District District Court of Appeal business interruption case that upheld policy requirements for “direct physical loss” for coverage of claims arising from the COVID-19 pandemic. The court ruled in favor of the insurers, affirming that the policies’ Business Interruption clauses were expressly linked to the “Perils Insured Against” provision that required direct physical loss or property damage.

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Subrogation for One Insured OK Even If Loss Paid to Second Party

October 1, 2024 / News / Writing and Speaking

Don Sampen analyzes an Illinois Supreme Court decision affirming that an insurer, as subrogee of the owner of a building under construction, was entitled to seek reimbursement from a subcontractor whose allegedly negligent work gave rise to property damage despite the insurer’s payment of the loss to an insured other than the owner.

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  • Chicago

    Illinois 60606

    225 West Randolph Street

    Suite 700

    Chicago, Illinois 60606

    T: 312.855.1010 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Dennis D. Fitzpatrick

  • New York

    New York 10005

    28 Liberty Street 39th Floor

    New York, New York 10005

    T: 212.805.3900 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Carl M. Perri

  • Florham Park

    New Jersey 07932

    100 Campus Drive

    Florham Park, New Jersey 07932

    T: 973.410.4130 TF: 800.826.3505 F: 973.410.4169 Office Managing Partner: Carl M. Perri

  • Irvine

    California 92618

    20 Pacifica

    Suite 440

    Irvine, California 92618

    T: 949.260.3100 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman

  • Michigan City

    Indiana 46360

    200 Commerce Square

    Michigan City, Indiana 46360

    T: 219.262.6106 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Paige M. Neel

  • Milwaukee

    Wisconsin 53202

    1433 North Water Street

    Suite 500

    Milwaukee, Wisconsin 53202

    T: 414.279.5525 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: James M. Weck

  • Stamford

    Connecticut 06901

    243 Tresser Boulevard

    17th Floor

    Stamford, Connecticut 06901

    T: 203.989.3889 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Matthew J. Van Dusen

  • Hartford

    Connecticut 06103

    750 Main Street

    Suite 100

    Hartford, Connecticut 06103

    T: 860.756.5520 TF: 800.826.3505 F: 212.805.3939 Office Managing Partner: Matthew J. Van Dusen

  • Tampa

    Florida 33602

    401 East Jackson Street

    Suite 3300

    Tampa, Florida 33602

    T: 813.519.1001 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Kelly M. Vogt

  • Boca Raton

    Florida 33434

    7777 Glades Road

    Suite 405

    Boca Raton, Florida 33434

    T: 561.765.5305 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Kelly M. Vogt

  • San Francisco

    California 94111

    100 Pine Street

    Suite 1250

    San Francisco, California 94111

    T: 415.287.2744 TF: 800.826.3505 F: 949.260.3190 Office Managing Partner: Ian R. Feldman

  • Houston

    Texas 77060

    4 CityNorth

    16945 Northchase Drive, Suite 1400

    Houston, Texas 77060

    T: 346.826.8995 TF: 800.826.3505 F: 346.826.8997 Office Managing Partner: Ramy P. Elmasri

  • Dallas

    Texas 75201

    325 N. Saint Paul Street

    Suite 3100

    Dallas, Texas 75201

    T: 469.942.8635 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Ramy P. Elmasri

  • San Antonio

    Texas 78258

    401 East Sonterra Boulevard

    Suite 375

    San Antonio, Texas 78258

    T: 210.338.6711 TF: 800.826.3505 F: 312.606.7777 Office Managing Partner: Ramy P. Elmasri

  • Austin

    Texas 78759

    9442 N Capital of Texas Hwy

    Suite 500

    Austin, Texas 78759

    T: 346.826.8995 TF: 800.826.3505 F: 346.826.8997 Office Managing Partner: Ramy P. Elmasri

  • Fort Worth

    Texas 76102

    702 Houston Street

    Fort Worth, Texas 76102

    T: 682.231.9560 TF: 800.826.3505 F: 346.826.8997 Office Managing Partner: Ramy P. Elmasri