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Lack of Insurable Interest Precludes Recovery for Property Damage

The Property Insurance Law Observer

2025)), the United States District Court for the Southern District of New York determined that the plaintiff lacked an insurable interest in property it insured because it did not own or possess the property or suffer economic loss due to the propertys destruction. Litigation ensued regarding that claim.

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Jackson v. Spinnaker: Court Rules a Thorough Investigation is Just Good Business, Not Bad Faith

The Property Insurance Law Observer

However, the court granted summary judgment in favor of the insurer on the bad faith claim, emphasizing that a thorough investigation into a questionable claim does not amount to bad faith Background Spinnaker Insurance Company (Spinnaker) issued a homeowners policy to Donald Jackson (Jackson) for a designated residence premises.

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When the Appraisal Says One Thing, But the Policy Says Another: A Florida Insurance Case Study

The Property Insurance Law Observer

GeoVera Specialty Insurance Company (2024 WL 3952571), the court affirmed that unambiguous policy limits remain enforceable even when an appraisal award exceeds those limits. This decision provides valuable guidance for insurers handling post-catastrophe claims. The appraisal award exceeded the policy limits for certain items.

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New Triple-I Issue Brief Puts the Spotlight on Georgia’s Insurance Affordability Crisis

Triple-I: Homeowners Insurance

Insurance affordability in Georgia is dwindling as claim frequency and insurer costs soar, according to the latest issue brief from Insurance Information Institute (Triple-I), Trends and Insights: Georgia Insurance Affordability. Injury claim severity in the state is slightly higher than in the rest of the country.

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Court Finds Policy Term, “Windstorm,” to be Ambiguous in Coverage Dispute Involving Tornado

The Property Insurance Law Observer

29, 2024)), the Court determined that the term “windstorm” was ambiguous as utilized in the subject insurance policy. The insureds suffered property damage caused by a tornado and subsequently submitted a claim to their insurer. —Dallas Jan. That provision stated: 5. Loss of Use. Code § 542A.001(2)(C)

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Court Says Builder’s Risk Policy Limited Coverage for Additional Insureds

The Property Insurance Law Observer

March 11, 2024), the Court determined that the plaintiff property owner, as an additional insured, was not entitled to the same insurance coverage as the named insured where the builder’s risk policy limited the scope of recovery for soft costs and rental income. In doing so, the Court considered several policy provisions.

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Court Says Loose Bolt Remedied by Tightening Does not Constitute “Direct Physical Loss of or Damage” to Property

The Property Insurance Law Observer

American Guarantee and Liability Insurance Company , the United States District Court for the District of Massachusetts held that a loose bolt or fitting that could be remedied simply by tightening it did not constitute “direct physical loss of or damage” to equipment covered under an all-risk property insurance policy. [1]

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