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Construction Defects Are Not Covered Property Damage in Commercial Liability Policy

Insurance Journal

A home builder is not covered under the property damage coverage in its commercial liability policy for construction defects for which it was responsible. A three-judge panel of the Massachusetts Appeals Court has held for the first time that “construction …

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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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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. In Wood , the insureds, Nancy and John Wood, filed a claim to their insurer, GeoVera Specialty Insurance Company, for property damage following Hurricane Ian.

Policy 130
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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. Texas cases have uniformly applied windstorm coverage to damage caused by tornadoes.

Policy 130
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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.

Policy 130
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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]

Damage 130
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Top 6 East Coast Areas at Most Risk for Storm Surges

McMahon Insurance Agency

Storm surges pose a significant threat to coastal communities, often resulting in catastrophic flooding, extensive property damage, and loss of […]