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Insurance Law Hawaii

A commentary on insurance coverage issues in Hawaii and beyond

Ensuing Loss

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Excluded Loss Does Not Constitute Resulting Loss

By Tred R. Eyerly on December 7, 2010

   The collapse of shoring equipment raised the issue of whether loss of the concrete slab it supported was covered as a resulting loss.  The court answered no in Vision One, LLC v. Philadelphia Indemn. Ins. Co., 2010 Wash. App. LEXIS 2322 (Wash. Ct. App. Oct. 19, 2010).

   A structural engineer examined the…

Posted in Ensuing Loss, First Party Insurance

Loss Resulting From Excluded Cause Is Not Ensuing Loss

By Tred R. Eyerly on December 1, 2010

   Preparing for a presentation at the March 2011 ABA, Insurance Coverage Litigation Committee's seminar, my Lexis search function is set to find cases on ensuing loss.  One such find was TMW Enter., Inc. v. Federal Ins. Co., 619 F.3d 574 (6th Cir. 2010). 

   TMW purchased a recently constructed condominium and retail building.  TMW…

Posted in Ensuing Loss, First Party Insurance

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