The Property Line

Tressler’s experienced Insurance attorneys write about the latest legal news. Tressler has been focused on protecting the interests of insurers for more than 30 years.

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
Continue Reading A Chilling Effect: The Fifth District Upholds Insurer’s Denial of Coverage for Frozen Pipe Burst

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
Continue Reading California Federal Court Finds No Coverage In Fire Coverage Row Where Insured Made Material Misrepresentations on Policy Application

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
Continue Reading California Court Finds No Duty To Defend “Hypothetical” Claim Where Policyholder Did Not Rebuild Home

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…
Continue Reading Texas Court Finds Concurrent Causes Of A Loss Where One Cause Is Covered And The Other Is Excluded “Results In No Coverage At All”

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…
Continue Reading 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
Continue Reading Homeowners Insurer Need Not Cover Judgment Against Insured For Abuse Based Upon “Business Activity” Exclusion

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 and…
Continue Reading Formal Service of Petition for Appointment of Appraisal Umpire is Required Even if a Party Fails to Respond to Appraisal Demand