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The Property Insurance Law Observer Blog

Articles: 1-10 of 146

New Jersey appellate division rules insurers not obligated to cover certain business covid-19 related losses

USA - June 27 2022 A recent New Jersey Appellate Division ruling follows the general trend nationally in which courts are, by and large, rejecting insureds’ claims for…

Florida Property Insurance Reform Round Three Brings Big Changes

USA - June 1 2022 For the third time since 2019, the Florida Legislature has enacted broad property insurance reforms with the goal of stabilizing the insurance market…

New York court holds coverage for excavation damage precluded by earth movement exclusion

USA - May 4 2022 According to a recent ruling by a New York appellate court, coverage for excavation damage is precluded by the policy’s earth movement exclusion. In…

Accepting coverage for part of a claim may subject an insurer to the appraisal process under Tennessee law

USA - April 11 2022 Accepting coverage for part of a claim may subject an insurer to a policy’s appraisal process when the extent of covered damage is in dispute…

NY Appellate Court: covid-19 business losses don’t constitute “physical” damage to property, don’t trigger commercial property policies

USA - April 8 2022 Covid-19 may cause businesses to be unable to use their property, but loss of use doesn’t constitute the “direct physical loss or damage” necessary…

Ninth Circuit Finds that “Subsidence Exclusion” Bars Coverage for Landslide Loss

USA - March 29 2022 The Ninth Circuit Court of Appeals recently issued an unpublished opinion in Atain Specialty Insurance Company v. JKT Associates, Inc., Case No…

Renewal of property policy requires living insured

USA - March 23 2022 A policy renewal requires a living insured to form a valid insurance contract, the Sixth Circuit recently ruled. In Boby Davis, et al. V. Westfield…

True, False, or Simply Wrong? Florida Courts Disagree About Whether ‘False Statements’ Must Be Intentional

USA - February 14 2022 A Florida appellate court recently interpreted a “Concealment or Fraud” provision that voids coverage where an insured makes “material false…

Second Circuit holds no coverage for covid-19 business interruption losses

USA - January 19 2022 The Second Circuit has now joined the Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits in holding that no insurance coverage exists…

Major victories for insurers in Fifth Circuit regarding covid-19 business interruption claims

USA - January 7 2022 The Fifth Circuit Court of Appeals has joined seven other Circuits in finding no coverage for COVID-19 business interruption claims.[1] In Terry…