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North Dakota Commissioner Urges Property Damage Assessment After Flash Floods

Insurance Journal

In the wake of flash flooding in the Bismarck-Mandan area, North Dakota Insurance Commissioner Jon Godfread is reminding residents to take immediate steps to assess and document any property damage and to review their insurance policies to understand what is …

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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.

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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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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. Privilege Underwriters Reciprocal Exchange (2024 WL 322297 (Tex. Dallas Jan.

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The Importance of Experts J&S Welding, Inc. v. Liberty Mutual Insurance Company

The Property Insurance Law Observer

(“Insured”), failed to disclose or produce any expert evidence to rebut the conclusions of the West American’s three experts, who determined the roof’s damage was merely cosmetic. Background In November 2019, West American [1] issued an insurance policy providing coverage for the Insured’s commercial shop buildings.

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Court Finds No Coverage for Loss Caused by Water Back Up Through a Storm Drain

The Property Insurance Law Observer

26, 2024), the Western District of Washington considered competing motions for partial summary judgment in a property damage case involving a winter storm, where large amounts of rain and melted snow backed the drain up and the force of the water pushed through the exterior door causing damage to the entire basement level.

Damage 130
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What’s in a Name (Insured)? Pennsylvania Federal Court Holds Homeowners’ Insurance Policy’s Requirement to Submit to Examination Under Oath Applies Only to Named Insured

The Property Insurance Law Observer

A federal court recently held that an insurer could not deny coverage under a homeowner’s policy based upon the failure of the named insured’s son, an “insured person,” to submit to an examination under oath (“EUO”). Allstate Vehicle and Property Insurance Company , Civil Action No. In Michelle Adeola v.

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