The Minnesota Court of Appeals affirmed the trial court's decision finding no coverage due to exclusions from the all-risk policy for losses related to mold, rot and condensation. Koskovich v. Am Family Mut. Ins. Co., 2012 Minn. App. Unpub. LEXIS 581 (Minn. Ct. App. June 25, 2012).
In 1978, the insureds purchased
The Seventh Circuit predicted that the Wisconsin Supreme Court would adopt the continuous injury trigger for first party property loss that extends over several policy periods. Miller v. Safeco Ins. Co. of Am., 2012 U.S. App. LEXIS 12940 (7th Cir. June 25, 2012).
A home inspection report performed before the Millers purchased
The Fifth Circuit Court of Appeals considered whether coverage existed for a defectively built tennis court in light of a contractual liability exclusion. Ewing Construction Company, Inc. v. Amerisure Ins. Co., 2012 U.S. App. LEXIS 12154 (5th Cir. June 15, 2012).
Ewing Construction Company entered a contract with the School District to construct
A U.S. District Court in Washington found coverage in what it described as a text book study of the efficient proximate cause rule. Hiller v. Allstate Pro. & Cas. Ins. Co., 2012 U.S. Dist. LEXIS 84862 (E.D. Wash. June 19, 2012).
The Hillers purchased a newly constructed home in December 2006. They also purchased an
My Damon Key blogging colleague, Rebecca Copeland at www.Recordonappeal.com., reports here that the Hawaii Supreme Court accepted certiorari in Willis v.Swain, First Insurance Company of Hawaii, Ltd., No. SCWC-29539. Our post on the Hawaii Intermediate Court decision is here. The case involves whether the insurance company owes a duty of good faith in
The Minnesota Supreme Court held that the phrase "amount of loss" permits the appraiser to determine not only the cost but also the cause of the loss. Quade v. Secura Ins., 2012 Minn. LEXIS 244 (Minn. June 13, 2012).
The insureds suffered extensive damage to buildings on their farm due to a windstorm. They were
The Ninth Circuit determined that under California law, the insurer's failure to attempt to reach a settlement after it was reasonably clear that the insured's liability would exceed policy limits breached the covenant of good faith and fair dealing. Du v. Allstate Ins. Co., 2012 U.S. App. LEXIS 11755 (June 11, 2012 9th Cir.)
An agent's potential liability for misrepresenting the status of the property's flood coverage was at issue in Witlowski v. Richard W. Endlar Ins. Agency, 2012 Mass. App. LEXIS 192 (Mass. Ct. App. May 29, 2012).
Plaintiff resided in the basement of a condominium unit. The condominium was located in a floodplain and designated
The anti-concurrent clause in a homeowner's policy barred coverage for damage caused by hidden seepage. Boazova v. Safety Ins. Co., 2012 Mass. LEXIS 462 (Mass. May 29, 2012).
The insured had a concrete patio built along the rear wall of her house at a grade higher than the home's foundation. Years later
Finding coverage under the ensuing loss provision, the Washington Supreme Court overruled a Court of Appeals decision we previously reported here. Vision One, LLC v. Philadelphia Indem. Ins. Co., 276 P.3d 300 (Wash. 2012).
Vision developed a condominium project. Before concrete was poured, a subcontractor supplied the shoring to temporarily support