Landmark American Insurance
Co. v. SCD Memorial Place II, L.L. C., No. 20-20389 (5th Cir.
Feb. 3, 2022), involves whether an insurance policy covered flood-related
damage sustained by a building during Hurricane Harvey. The district court determined that the policy
The Property Line
The Property Line, published by Tressler LLP, focuses on legal issues related to insurance coverage disputes, property damage claims, and risk management. The blog covers court decisions and legal analysis involving insurance policy interpretations, coverage denials, and claims arising from natural disasters, property damage, and business interruptions. It addresses topics such as first-party property insurance, liability coverage, policy exclusions, and the obligations of insured parties. The blog also discusses litigation strategies and regulatory developments affecting insurers and policyholders, providing insights relevant to insurance law practitioners and stakeholders in property and casualty insurance.
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Latest from The Property Line
No Vacancy: Insurer Denies Coverage for Hotel’s COVID-19 Losses
Businesses across the country have experienced unique and
unchartered losses as a result of coronavirus shutdowns. “Closure Orders” have
been instrumental in controlling the spread of COVID-19. While these government
orders have been issued with strong and compelling purposes, they…
A Chilling Effect: The Fifth District Upholds Insurer’s Denial of Coverage for Frozen Pipe Burst
Recently, an Illinois appellate court affirmed a ruling an insurer did not owe coverage for damage to a building from a bursting frozen pipe. On appeal, the Fifth District agreed with the reasoning employed by the lower court, resting its…
California Federal Court Finds No Coverage In Fire Coverage Row Where Insured Made Material Misrepresentations on Policy Application
A federal court has found that the insurer of a non-profit is not liable for a $67,097,998 judgment awarded against its insured for a fatal 2017 apartment fire in Oakland, California, due to the insured’s failure to disclose that it was the…
California Court Finds No Duty To Defend “Hypothetical” Claim Where Policyholder Did Not Rebuild Home
In Tarakanov et al. Lexington Insurance Co., 2019 WL 5541007 (N.D. Cal. Feb. 26, 2020), Magistrate Judge Laurel Beeler, in the United States District Court, Northern District of California, recently dismissed Plaintiffs’ claims in its Complaint that Lexington Insurance Company…
Texas Court Finds Concurrent Causes Of A Loss Where One Cause Is Covered And The Other Is Excluded “Results In No Coverage At All”
It’s not every day most of us get to deal with a real gold heist. But that is the case in Dillon Gage Inc. of Dallas v. Certain Underwriters at Lloyd’s, No. 3:18-CV-01555-X, 2020 WL 833255 (N.D. Tex. Feb. 19, 2020). Dillon…
Homeowners Insurer Need Not Cover Judgment Against Insured For Abuse Based Upon “Business Activity” Exclusion
A Kentucky federal judge ruled that Shelter Mutual Insurance Company doesn’t have to pay a $4 million judgment against a daycare center director in a child abuse case, finding that coverage is barred by an exclusion in the director’s homeowners…
Formal Service of Petition for Appointment of Appraisal Umpire is Required Even if a Party Fails to Respond to Appraisal Demand
In Witcher v. State Farm Fire and Cas. Co., 2018 IL App (5th) 170001-U (Ill. App. Jan. 26, 2018), the insureds demanded an appraisal following a fire loss. A fire rendered the insureds’ home a total loss, but the insureds…
Attorney Spotlight: Aon Hussain
By Tressler LLP
Aon Hussain is an associate in the Insurance Practice. He represents insurers in litigation and non-litigation matters related to commercial general liability coverage, first party property coverage, and excess/umbrella liability coverage. Many of his cases require the defense of common…
Colorado High Court to Address Appraiser Impartiality
By Aon Hussain
Add Colorado to the handful of states set to provide guidance on the level of impartiality required of appraisers.
The Colorado Supreme Court recently provided notice that it will rule on key issues relating to the interpretation of appraisal provisions…