The First Circuit reversed the district court's denial of the insureds' claim for coverage despite not being able to locate the actual policy. Cardigan Mt. School v. N.H. Ins. Co., 2015 U.S. App. LEXIS 8725 (1st Cir. May 27, 2015).
In 2013, the school received a demand letter asserting a claim based
The Ninth Circuit determined that a mudslide destroying the insureds' home may be covered as a direct loss due to fire that preceded the mudslide. Stankova v. Metro. Prop. & Cas. Ins. Co., 2015 U.S. App. LEXIS 8935 (9th Cir. May 29, 2015).
The insureds' garage was destroyed by a massive fire
In response to a certified question from the Ninth Circuit, the Washington Supreme Court recently found that collapse in a property policy means "substantial impairment of structural integrity." Queen Anne Park Homeowners Ass'n v. State Farm Fire & Cas. Co., 2015 Wash. LEXIS 695 (Wash. June 18, 2015).
Queen Anne Park
The California Court of Appeal affirmed the trial court's denial of the insured's request for independent counsel. Centex Homes v. St. Paul Fire and Marine Ins. Co., 237 Cal. App. 4th 23 (Cal. Ct. App. 2015).
Centex, a developer of single family residences, was sued by homeowners for alleged construction defects. Centex
The insured's claim for flood coverage was denied when the insurer refused to accept an adjuster's report submitted without a proof of loss. Jackson v. Fid. Nat'l Ins. Co., 2015 U.S. Dist. LEXIS 66589 (E.D. La. May 21, 2015).
Plaintiff's property was damaged by Hurricane Isaac. Defendant Fidelity provided flood coverage for
The court determined that a policy's loss payment provision did not bar a post-loss assignment. One Call Prop. Servs. v. Sec. First Ins. Co., 2015 Fl. App. LEXIS 7643 (Fla. Ct. App. May 20, 2015).
After One Cell performed emergency water removal for the insured, the insured assigned his rights to policy
A signed work proposal and unsigned agreement were sufficient to create a "written agreement" to create coverage to the contractor as an additional insured. West Bend Mut. Ins. Co. v. DJW-Ridgeway Bldg. Consultants, Inc., 2015 Ill. App. LEXIS 391 (Ill. Ct. App. May 19. 2015).
Ridgeway was the general contractor for construction
The Ninth Circuit found that a pollution endorsement did not cover the cost of retrieving oil barrels that did not discharge pollutants. Guam Industrial Services, Inc. v. Zurich Am. Ins. Co., 2015 U.S. App. LEXIS 9045 (9th Cir. June 1, 2015).
Guam Industrial's dry dock sank into the harbor. Various containers in
The Illinois Appellate Court affirmed the trial court's ruling that the insurer had a duty to defend a construction defect case. West Bend Mut. Ins. Co. v. Pulte Home Corp., 2015 Ill App. Unpub. LEXIS 1039 (Ill. Ct. App. May 15, 2015).
Pulte Home Corporation was a developer who developed and constructed
The Sixth Circuit rejected the insurer's claim for reverse bad faith against its insured who made a fraudulent claim after her home was destroyed by fire. State Auto Property and Cas. Ins. Co. v. Hargis, 2015 U.S. App. LEXIS 7475 (6th Cir. April 23, 2015).
The insured's home burned to the ground