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 policies. Under the concept of ensuing loss, a loss may not be covered, but losses that ensue or result from the uncovered loss may still be covered. During our discussions, we surveyed recent decisions finding coverage under the provision and competing cases in which no coverage was found.
The outline for our presentation is here.
