If the named insured does not satisfy the self-insured retention (SIR), can the additional insured undertake payment to trigger coverage?  Looking at the language of the policies under consideration, the court answered no in Forecast Homes, Inc. v. Steadfast Ins. Co., No. G040876, 2010 Cal. App. LEXIS 172 (Cal. Ct. App. Jan. 12…

   Is damage caused by snow melt excluded under a homeowner's policy because it constitutes standing water?  The court answered yes in Northwest Bedding Co. v. Nat. Fire Ins. Co. of Hartford, No. 28044-6, 2010 Wash. App. LEXIS 299 (Wa. Ct. App. Feb. 11, 2010). 

   The Spokane area, where the insured's buildings were located, experienced…

   In Builders' Mutual Ins. Co. v. Glascarr Prop., Inc., No. COA09-486, 2010 N.C. App. LEXIS 186, (N.C. Ct. App. Feb. 2, 2010), the court found no coverage for loss caused by mold because of the anti-concurrent causation clause.  Whether reliance on the anti-concurrent causation clause was correct is difficult to determine from the facts…

   After the insureds' home was damaged by Hurricane Wilma, they filed a claim for reimbursement.  Sunshine paid the claim and closed the file.  See Sunshine State Ins. Co. v. Corridori, No. 4D09-2502, 2010 Fla. App. LEXIS 915 (Fla. Dist. Ct. App.Feb. 3, 2010).  Two years later, the insureds submitted a "supplemental" claim for damage discovered…

   Does a policy's Blanket Additional Insured Endorsement bar primary coverage for an additional insured with a policy of its own?  Although the court answered yes in Kummer Enter., Inc. v. HBE Corp., No. 1:09-cv-109, 2010 U.S. Dist. LEXIS 6403 (W.D. Mich. Jan. 27, 2010), it nevertheless determined the additional insured was entitled to a…

   How long can an insurer wait after denying coverage before insisting upon an appraisal?  In Sanchez v. Prop. and Cas. Ins. Co. of Hartford, No. H-09-1736, 2010 U.S. Dist. LEXIS 6295 (S.D. Tex. Jan. 27, 2010), waiting eleven months after a coverage dispute became clear waived the insurer's right to invoke an appraisal.

   The insured's home was…

   The insureds' negligence claim against the insurer for failing to recommend the purchase of business interruption insurance survived the insurer's motion for partial summary judgment in St. Augustine High School v. Underwriters at Lloyd's of London, No. WMN-08-CV-2518, 2010 U.S. Dist. LEXIS 6570 (D. Md. Jan. 27, 2010).

   St. Joseph Society was…

   An informative teleconference on Claims-Made policies was recently hosted by Strafford.  Here are some take-away points. 

  • Most claims-made policies require the insured to report an event that will likely give rise to a claim in the future.  If the reported event eventually evolves into a claim, the insurer will treat the claim as if it were first made

…

   The ABA, Section of Litigation, Insurance Coverage Litigation Committee's annual insurance seminar will be held again this year in Tucson from March 4-6, 2010.  As always, this year's conference will offer a number of informative, cutting edge sessions on a variety of insurance-related topics.  Participants from across the country with varying perspectives on insurance coverage will attend. …