Category Archives: Property Insurance

Do you have Insurance for Construction Equipment Damaged at a Project Site?

Are you a contractor that utilizes large equipment such as a crane for purposes of your construction operations?  If so, is the equipment owned or leased from an equipment supplier?  Assuming you utilize such equipment, have you considered appropriate insurance … Continue reading

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Question of Fact whether Water Loss Occurred During the First 14 Days of Leak

Many property insurance policies have an exclusion regarding loss caused by a repeated leakage of water over a period of 14 days or more.  Think of a leak with a plumbing system and that leak is continuous over a period … Continue reading

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Insurer’s Claim File Not Discoverable in Insurance Coverage Dispute

In an insurance coverage dispute, an insurer’s claim file is not discoverable.  Typically, this is protected as work product and/or not relevant to the issues underlying coverage.  And this is true — the claims file is NOT relevant to the … Continue reading

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Insurer’s Payment AFTER Expiration of 60-Day Cure Period from Civil Remedy Notice can Trigger Bad Faith

In order to assert a first-party bad faith claim against your insurer, you must  file a Civil Remedy Notice identifying the statutory violations.  This gives the insurer 60 days to cure the violations.   What happens if the insurer cures … Continue reading

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Repeated Seepage of Water Over Period of 14 Days or More

There is an exclusion in property insurance policies dealing with the repeated seepage or leakage of water over a period of 14 days or more.   For example, if a pipe bursts and there is a repeated seepage of water … Continue reading

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Presentation on BAD FAITH when Dealing with Property Insurance Claims

Recently, I participated in a webinar relating to bad faith insurance claims when dealing with a first-party property insurance carrier.  A portion of the powerpoint presentation I put on can be seen here.  Please visit the link and review the … Continue reading

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Insurer’s Denial of Coverage Means it Cannot Require You to Comply with Post-Loss Policy Conditions

When it comes to first-party property insurance policies, you want to make sure you comply with post-loss policy conditions in your insurance policy.  This includes agreeing to sit for an examination under oath, providing a sworn statement in proof of … Continue reading

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Maybe NOW is the Time to Consider Business Interruption / Income Insurance

After dealing with the fury and unpredictability of Hurricane Irma, are you thinking that now may be the time to procure business interruption / income insurance? If not, maybe you should give it strong consideration. I am sure after dealing … Continue reading

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Seven Practical Tips Dealing with Hurricane Property Damage

When dealing with a massive hurricane, such as Hurricane Irma, there is sure to be property damage.   Dealing with property damage is, of course, much better than dealing with the loss of life or injury.  Sometimes, you just need … Continue reading

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Insurer Cannot Argue “Compliance with Conditions Precedent” if It Denied Coverage

Did your insurance carrier deny coverage? “When an insurance carrier investigates a claim of loss and denies coverage because it concludes that a covered loss has not occurred, the insurance carrier cannot assert the insured’s failure to comply with the … Continue reading

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