Ensuing Loss Clauses Examined In Two Supreme Court of Washington Cases
Ensuing Loss Clause Does Not Create Coverage For Otherwise Excluded Losses Property insurance policies often contain exclusions with ensuing loss provisions, which state that an ensuing loss not...
View ArticleEnsuing Loss In New York: Fourth Department Addresses Exception to Water...
Typically, disputes over ensuing loss provisions focus on whether the “secondary” loss complained of is actually separate and distinct from the excluded loss, or whether the “secondary” loss is...
View ArticleEnsuing Loss Provision Not Triggered Where Water Damage Caused Deterioration:...
Ensuing loss clauses can be a common source of litigation when insureds argue that part or all of the loss is purportedly caused by some event occurring subsequent to the excluded cause of loss. We...
View ArticleCollapse and Ensuing Loss Clause Addressed By New York Trial Court
A New York trial court recently addressed the definition of “collapse” and the meaning of the ensuing loss clause in Copacabana Realty LLC v. Fireman’s Fund Insurance Company, No. 10-2919, 2013 NY Slip...
View ArticleInsurance Fraud Case: Second Circuit Addresses Adverse Inference Instruction,...
In insurance fraud cases involving actual or alleged destruction of evidence by the insured, an issue often arises regarding whether an adverse inference instruction is appropriate, and, if so, what...
View ArticleConnecticut Appellate Court Clarifies “Vacancy” Definition of Vandalism...
In New London County Mut. Ins. Co. v. Zachem, 145 Conn. App. 160 (2013), the Connecticut Appellate Court defined the term “vacant” in a vandalism exclusion to mean that a dwelling is “unoccupied,” and...
View ArticleAmbiguity And Ensuing Loss: The Second Circuit Affirms The Southern District...
In National Railroad Passenger Corp. v. Aspen Specialty Ins. Co., 2016 U.S. App. LEXIS 16074 (2d. Cir. Aug. 31, 2016), Amtrak sought the entire $675 million of available coverage from a number of its...
View ArticleCompeting Causes of Loss: Florida Supreme Court Issues Decision Applying The...
We have discussed on a number of occasions the issue of causation when there are multiple causes of loss, some covered and some not covered. Most jurisdictions apply what is known as the efficient...
View ArticleTexas Federal Court Holds Faulty Workmanship Exclusion Applies to All Damage...
When does an excluded loss end and a covered “resulting loss” begin? This thorny question was the subject of a recent decision out of the Southern District of Texas, EMS USA, Inc. v. The Travelers...
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