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Property Damage

413 published works

  1. Agricultural Law and Taxation Blog

    2023 in Review – Ag Law and Tax

    By Roger McEowen

    OverviewAs 2024 begins, it’s good to look back at the most important developments in agricultural law and tax from 2023.  Looking at things in retrospect provides a reminder of the…

  2. Insurance Law Hawaii

    Governmental Action Exclusion Bars Claim for Damage to Insured’s Building

    By Tred R. Eyerly

        The lower court's decision finding no coverage based upon the governmental action exclusion was affirmed by the Appellate Court of Illinois. McCann Plumbing, Heating & Cooling v. Pekin…

  3. Property Insurance Coverage Law Blog

    Should Depreciation Be Taken on Partial Losses When Determining Actual Cash Value?

    By Chip Merlin

    The term “actual cash value” is a nebulous term. There are many disagreements about what it means. I suggest that is why many states follow the “broad evidence rule,” which…

  4. Insurance Law Hawaii

    Motion for Reconsideration Challenging Appraisal Determining Cause of Loss Denied

    By Tred R. Eyerly

        The court rejected the insurer's motion for reconsideration attempting to set aside the appraisal award that determined the cause of loss. Mesco Mfg., LLC v. Motorists Mut. Ins. Co.,…

  5. Zalma on Insurance

    Claims in Catastrophe

    By Barry Zalma

    What to do When Your Property is Damaged in a Catastrophe If your house was damaged or destroyed by a wildfire, windstorm, hurricane, tornado or flood as a result of…

  6. Insurance Law Hawaii

    Wisconsin Supreme Court Abandons “Integrated Systems Analysis” for Determining Property Damage

    By Tred R. Eyerly

        The Wisconsin Supreme Court departed from its previous mechanism for determining property damage under the "integrated systems analysis" and found the insurers were not entitled to summary judgment…

  7. Policyholder Pulse

    Taking the Market’s Temperature on Coverage for Climate Change-Related Property Damage

    By Janine Stanisz, William E. McMichael

    Temperatures in Arizona this week reached over 110 degrees Fahrenheit. The water temperature in the Florida Keys was reported to reach sauna-like levels, threatening the life of habitat-sustaining coral. Atmospheric…

  8. Property Insurance Coverage Law Blog

    Utah Appraisal Law—The Best Place to Start Is at the Beginning

    By Chip Merlin

    The Insurance Appraisal and Umpire Association (IAUA) held its first-ever meeting in Utah yesterday, as noted in Chip Merlin In BadgerLand. Utah was admitted as a state on January 4, 1896. Five…

  9. Property Insurance Coverage Law Blog

    How Do You Treat Two Occurrences? Louisiana Does It Differently With Its Own Rule

    By Chip Merlin

    How do property insurance adjusters typically treat this scenario? “A tornado severely damages a structure, and then three days later, a second tornado further damages the structure. Nobody fully measured…

  10. Property Insurance Coverage Law Blog

    Is Appraisal Limited to a Dispute About the Value of Agreed Damage? What Is the Rule In Alabama?

    By Chip Merlin

    Bob Norton of the Insurance Appraisal and Umpire Association (IAUA) loves to play with the audience with the types of questions found in the title of this post. Bob will…