The court determined the vandalism exclusion barred coverage and that the ensuing loss provision was not applicable. See New London County Mut. Ins. Co. v. Zachem, 2012 Conn. Super. LEXIS 850 (Conn. Super. Ct. March 29, 2012).
A fire caused by an explosion occurred at the insured's property on September 11, 2008. The fire
Tenants renting a house from the insured caused a fire by tapping into neighbor's electrical system to operate and conceal a marijuana crop. See Kochendorfer v. Metro. Prop. & Cas. Ins Co., 2012 U.S. Dist. LEXIS 51032 (W.D. Wash. April 11, 2012).
The insurer made an initial payment of $30,052.83 for the
The case before the Ninth Circuit asked whether the pollution exclusion applied to carbon monoxide poisoning. See Cent. Sur. Co. v. Casino West., Inc., 2012 U.S. App. LEXIS 56958 (9th Cir. April 6, 2012). The accident occurred in a Nevada casino and hotel owed by Casino West.
The fumes were created by a
Coverage for construction defects continues to be hotly contested in Hawaii state and federal courts. In a recent decision, Judge Mollway felt bound to follow the Ninth Circuit's decision in Burlington Ins. Co. v. Oceanic Design & Constr., Inc., 383 F.3d 940, 944 (9th Cir. 2004), where the court found construction defect claims
The insured's claim for breach of the implied covenant of good faith and fair dealing was dismissed by the trial court because it was based on the same conduct as the breach of contract claim. See Columbia Cas. Co. v. 3M Co., 2012 Minn. App. LEXIS 23 (Minn. Ct. App. March 26, 2012).
Coverage for damages resulting from faulty workmanship in the construction of an apartment complex was at issue in The Bartram, LLC v. Landmark Am. Ins. Co., 2012 U.S. Dist. LEXIS 44535 (N.D. Fla. March 30, 2012).
The owner of the apartments, Bartram, had primary coverage and three layers of excess coverage. Each contract
After the insurer denied coverage in a homeowner's policy for construction defects under various exclusions, the court found the ensuing loss provision was ambiguous. Kesling v. Am. Family Mut. Ins. Co., 2012 U.S. Dist. LEXIS 38857 (D. Colo. March 22, 2012).
After purchasing a home from the sellers, the insureds noticed problems with the
The insurer's attempt to reject a claim due to inconsistent positions taken by the insured in two different matters failed in Rice v. Certain Underwriters at Lloyds, 2012, U.S. Dist. LEXIS 36445 (S.D. Tex. March 19, 2012).
The insured's home was damaged in 2008 during Hurricane Ike. The insured submitted a claim to Lloyds, but
The issue before the 11th Circuit was whether, under Florida law, a general contractor had coverage for a property damage claim limited to the defective work performed by a subcontractor, and not affecting any other portion of the project. The court found no coverage in Amerisure Mut. Ins. Co. v. Auchter Co., 2012 U.S.
In an entertaining decision authored by Judge Posner, the Seventh Circuit affirmed the district court's denial of coverage based upon the pollution exclusion. Scottsdale Indem. Co. v. Village of Crestwood, 2012 U.S. App. LEXIS 5069 (7th Cir. March 12, 2012).
In 1985, Crestwood's mayor and other Village officials learned from state environmental authorities