Topic
Property Damage
413 published works
Insurance Law Hawaii
Late Notice Kills Insured’s Claim for Damage Due to Hurricane
The insurer's motion for summary judgment was granted based upon the insured's late notice nearly two years after a hurricane caused property damage. Ramirez v. Scottsdale Ins. Co., 2021…
Property Insurance Coverage Law Blog
How To Evaluate What Is Owed Following Property Damage
By Chip Merlin
“How much am I owed?” “How did the insurance company come up with that figure?” “Do I need help to make certain I am not getting ripped off?” These are…
Policyholder Pulse
Federal Court Holds Allegations of Coronavirus on Premises Sufficiently Allege Physical Loss of or Damage to Property
By Joseph D. Jean, Scott D. Greenspan, Logan Burkhead
In Novant Health, Inc. v. American Guarantee and Liability Insurance Co., Judge Catherine C. Eagles of the U.S. District Court for the Middle District of North Carolina made the right…
Property Insurance Coverage Law Blog
Who Has the Burden to Prove the Cause of Property Damage? Those Burdens of Proof Can Switch!
By Chip Merlin
Who has the burden of proof in a typical all-risk insurance policy which is now often referred to as an “open perils” policy? What does a policyholder typically have to…
A Lawyer's Blog
NEIGHBOR DISPUTES – TREE ROOTS
5 years in the court system over a $5000 claim.BENJAMINOV v. Zheng, 2021 NY Slip Op 50832 - NY: Appellate Term, 2nd Dept. 2021:"In this small claims action, commenced in…
Insurance Law Hawaii
Insured Has Insurable Interest in Damaged Property Despite Transferring Ownership
The appellate court reversed the trial court's dismissal of the insured's complaint which adequately pled she had an insurable interest in the property even after it was transferred…
Insurance Law Hawaii
Deceptive Practices, Punitive Damage Claims Dismissed in Property Damage Suit
The insured's claims for breach of contract and bad faith remained while his claims for deceptive practices and punitive damages were dismissed. Fishberg v. State Farm Fire &…
Disaster Prep & Recovery
Tips for Preparing a Business Interruption Claim
By Cove Geary, David Moore, David J. Forestner
Commercial enterprises doing business in Louisiana and surrounding states are beginning their recovery in the wake of Hurricane Ida from recent power outages and associated wind and water damage. Many…
Insurance Law Hawaii
Wisconsin Court of Appeals Re-affirms American Girl To Find Coverage for Damage Caused by Subcontractors
The trial court's finding of no occurrence and no property damage due to faulty workmanship was reversed by the appellate court. No. 5 Walworth v. Engerman Contracting, Inc.,…
Zalma on Insurance
The Trigger of Coverage/Property Damage
By Barry Zalma
A Video Explaining “Trigger” of Property Damage Coverage See the full video at https://rumble.com/c/c-262921 and at https://youtu.be/Gj1YdP5IOa0 The term “trigger of coverage” means “what event must occur for potential coverage…