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Iowa’s highest court: damage by rainwater is damage by rain

  • Cozen O'Connor
  • -
  • USA
  • -
  • March 23 2015

Last July, we posted that an intermediate level appellate court in Iowa had held that a policy excluding loss “caused by rain” did not bar coverage

Fifth Circuit holds that a house can be considered an “advertisement” for insurance purposes

  • Akin Gump Strauss Hauer & Feld LLP
  • -
  • USA
  • -
  • March 20 2015

On February 27, 2015, the Fifth Circuit held that, under certain circumstances, a fully constructed house can be considered "advertising" for the

Court allows putative class action to proceed with discovery regarding equitable tolling of RESPA violations

  • Carlton Fields Jorden Burt
  • -
  • USA
  • -
  • March 17 2015

M&T Bank Corporation, M&T Bank, and M&T Mortgage Reinsurance Company unsuccessfully sought to stay all discovery in a suit brought against it in a

Real property, financial services & title insurance update: week ending March 6 & 13, 2015

  • Carlton Fields Jorden Burt
  • -
  • USA
  • -
  • March 17 2015

Genuine issue of material facts remains concerning whether original parties to deed with restrictions contemplated future unilateral amendments to

Seventh Circuit Court of Appeals: no coverage under title insurance for mechanics’ liens arising after construction lender stops funding

  • King & Spalding LLP
  • -
  • USA
  • -
  • March 17 2015

On March 12, 2015, the United States Court of Appeals for the Seventh Circuit entered an opinion interpreting "the most litigated provision in the

Texas Court of Appeals finds for insurer based on “business risk exclusion” and failure to segregate covered and non-covered damage

  • Steptoe & Johnson LLP
  • -
  • USA
  • -
  • March 16 2015

In Dallas National Insurance Company v. Calitex, ___ S.W.3d ___, 2015 WL 968308 (Tex. App. 2015), the Texas Court of Appeals, applying Texas law

New York’s highest court enforces a water damage exclusion despite an ensuing loss exception

  • Cozen O'Connor
  • -
  • USA
  • -
  • March 12 2015

In Platek v. Town of Hamberg, et al., 2015 WL 685726, 2015 N.Y. LEXIS 252 (N.Y., Feb. 19, 2015), the New York Court of Appeals held that an exclusion

Consecutive policies not triggered where there was no evidence of when the loss occurred

  • Manatt Phelps & Phillips LLP
  • -
  • USA
  • -
  • February 26 2015

An insurer was required to indemnify the operator of a brine well facility in a suit brought by a neighboring landowner alleging damages resulting

Florida court holds arson is a type of excluded vandalism and malicious mischief

  • Cozen O'Connor
  • -
  • USA
  • -
  • February 25 2015

Earlier this month a unanimous Florida appellate court joined a number of other states that have held that an all-risk policy exclusion for vandalism

Getting schooled by Sandy and Irene: what insurance lessons can we learn?

  • Gordon & Rees LLP
  • -
  • USA
  • -
  • February 20 2015

It is a simple premise, but many insurance coverage disputes, perhaps even a majority of them, could be completely avoided if policyholders would