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- Title
RECENT DEVELOPMENTS IN PROPERTY INSURANCE COVERAGE LITIGATION.
- Authors
Schreiner Jr., William A.; Rooney, Carol M.; Lewis, William R.; Levin, Jay M.; Rehder, Toki; Szymanski, Lisa A.; Bobotek, James P.; Heres, Kristin Suga; Lee, Ryan A.; Jacobson, Craig A.
- Abstract
The survey period in property insurance law saw the emergence of a series of rulings involving coverage for damages caused by Chinese drywall. Cases involving Chinese drywall coverage, which are just beginning to work their way through the courts, will form a significant part of the property insurance landscape for the next few years. The cases raise common property insurance issues about causation, ensuing loss, and certain frequently litigated exclusions, but they raise those issues in unique and challenging ways that defy strict categorization in any of our common survey categories. The resulting complexity of these cases, along with their significance in the property insurance world, led us to highlight them at the beginning of this year's survey. After reviewing the issues raised by Chinese drywall, we turn to developments in the more common issues that arise out of property insurance contracts. We begin our review by looking at significant developments in key areas of the risk transferred to the property insurer where disputes are frequent, namely the business interruption and collapse coverages. Then, we turn our focus to significant cases addressing what property is actually "covered" under the insurance contract, and then to notable cases dealing with the most common exclusions in the property insurance contract. Regular followers of this area of the law will observe that the survey period saw some very interesting cases on the issue of "covered property." They will also note that those exclusions that usually rely heavily on fact-specific issues for their application, such as the exclusions for damage caused by earth movement or mold, continue to give rise to challenging cases that turn on a careful review of the facts, and that result in opinions that-while often thoughtful-defy easy categorization into clean rules of interpretation.
- Subjects
PROPERTY insurance; INSURANCE companies; INSURANCE; PROPERTY insurance policies; ACTIONS &; defenses (Law); COMMERCIAL law
- Publication
Tort Trial & Insurance Practice Law Journal, 2010, Vol 46, Issue 2, p577
- ISSN
1543-3234
- Publication type
Article