A commentary on insurance coverage issues in Hawaii and beyond
The cost of removing and replacing cracked flanges to prevent future leakage was not covered as an ensuing loss under a builder's risk policy in RK Mechanical, Inc. v. Travelers Prop. Casualty Co. of Am., 2011 U.S. Dist. LEXIS 83958 (D. Colo. Aug. 1, 2011).
The insured, RK Mechanical Inc., was a…
Although the insurer paid for some of the mold damage at the insured's home, the Fifth Circuit eventually determined the homeowner's policy did not cover such damage. Rooters v. State Farm Lloyds, 2011 U.S. App. LEXIS 12306 (5th Cir. June 15, 2011).
The policy excluded loss caused by hail to personal property…
At issue was whether damage caused by a crane landing on a building during a tropical storm was covered as an ensuing loss. See Certain Interested Underwriters at Lloyd's London v. Chabad Lubavitch of Greater Ft. Lauderdale, Inc., 2011 Fla. App. LEXIS 8403 (Fla. Ct. App. June 8, 2011).
The insured had two policies…
Among the range of issues addressed by the court was an ensuing loss provision in Five Star Hotels, LLC v. Ins. Co. of Greater New York, 2011 U.S. Dist. LEXIS 31313 (S.D. N.Y. March 24, 2011).
In December 2005, Five Star installed an upgraded automatic sprinkler system in each room of its…
The court denied cross motions for summary judgment, deciding there were genuine issues of material fact regarding the applicability of both the exclusion for vandalism and the ensuing loss provision. See New London County Ins. Co. v. Zachem, 2011 Conn. Super. LEXIS 381 (Conn. Super. Ct. Feb. 18, 2011).
Vandals broke into the…
An article I wrote on ensuing loss was recently published in the ABA’s Insurance Coverage Litigation Committee’s Coverage Magazine (article attached here.) The article discusses first party property policies providing for ensuing loss. The ensuing loss provision may read something like this: “We will pay for resulting loss caused by a Peril Insured.” Accordingly, although…
The ABA’s Section of Litigation, Insurance Coverage Litigation Committee’s annual conference was held in Tucson on March 3-5, 2011. My colleagues, Rina Carmel, Esq., of Carlson, Calladine & Peterson LLP, and Lisa M. Shusto, P.E., of Exponent Failure Analysis Associates, and I led two lively and engaging discussions on ensuing loss provisions in property…
This year’s annual ABA, Section of Litigation, Insurance Coverage Litigation Committee CLE Seminar will be held in Tucson on March 3-5, 2011. The conference will offer a number of timely, comprehensive sessions on such insurance-related issues as coverage for natural and not-so-natural disasters, litigation over construction claims, emerging issues in the health care industry…
In this multi-district litigation, the court considered the insurers' motions to dismiss plaintiffs' suits for alleged property damage caused by Chinese drywall. In Re: Chinese Manufacture Drywall Products Liability Litigation, 2010 U.S. Dist. LEXIS 133497 (E.D. La. Dec. 16, 2010). After determining there was coverage, the court considered several exclusions and the ensuing loss provisions…
The insureds extensively remodeled their home and installed decks from 1995 to 1996. See Sprague v. Safeco Ins. Co. of Am., 2010 Wash. App. Ct. LEXIS 2419 (Wash. Ct. App., Nov. 1, 2001). The decks were supported by "fin walls." In May 2008, the insureds discovered decay in the fin walls and filed…
