Communications Between Outside Coverage Counsel and His Insurer Client Regarding "the Investigation and Potential Rescission of a Claim" Ordered Disclosed

HOMEOWNERS -- APPLICATION MISREPRESENTATION -- RESCISSION -- ATTORNEY-CLIENT PRIVILEGE -- DISCOVERY Prorokovic v. United Property & Casu...

NYS Appellate Division, Fourth Department, Holds That the Undefined Term "Reasonable Care" as Used in a Homeowners Policy's Freezing Exclusion, Is Ambiguous

PROPERTY –  HOMEOWNERS POLICY  – FROZEN/BURST WATER PIPES  – FREEZING EXCLUSION  –  REASONABLE CARE TO MAINTAIN HEAT McAleavey v. Chautauqua...

$7,332.02 a Day -- Bench-Trying a First-Party Property Coverage Dispute

Ever wonder how the non-jury trial of a first-party property coverage dispute plays out in court?  Wonder no more. Christine Wagner's si...

Injured Party/Judgment Creditor Who Obtains Assignment of Insureds' Bad Faith Claim After Conclusion of Direct Action May Bring Second Action Against Liability Insurer

HOMEOWNERS  – LIABILITY – EXCESS JUDGMENT  – STANDING  –  BAD FAITH  – INSURANCE LAW 3420(A)(2) & (B)(1)   Corle v. Allstate Ins. Co. (4...

That's Incredible! (as a Matter of Law)

HOMEOWNERS – PROOF OF LOSS CONDITION – SUMMARY JUDGMENT  Finley v. Erie and Niagara Ins. Assn. (4th Dept., 6/15/2018) Russell Finley's h...

Summary Judgment to Homeowners Insurer on Insured's Failure to Reasonable Care to Maintain Heat Affirmed By Third Department

HOMEOWNERS   – FREEZING EXCLUSION  – REASONABLE CARE TO MAINTAIN HEAT  Stephenson v. Allstate Indem. Co. (3rd Dept., 4/19/2018) The insured ...

Jury Verdict Finding Named Insured Was Residing in Insured Premises Affirmed

PROPERTY  –  HOMEOWNERS – RESIDENCY REQUIREMENT  – POLLUTION EXCLUSION  – ASBESTOS CONTROL COSTS  – LOSS OF RENTS Cotillis v. New York Cent....

The HOME in HOMEowner's Insurance -- Questions of Fact on Policyholder's Residence Preclude Summary Judgment

PROPERTY  –  HOMEOWNERS  – RESIDENCY REQUIREMENT Sosenko v. Allstate Ins. Co. (3rd Dept., decided 11/30/2017) No, not HOME as in four-fifths...

Can You Find The The Mistake?

HOMEOWNERS  – INTENTIONAL ACT  – CRIMINAL ASSAULT  – DUTY TO DEFEND  – DUTY TO INDEMNIFY State Farm Fire & Cas. Co. v. Gloria (Sup. Ct.,...

Replacement Cost Coverage Denied to Insured Who Did Not Replace the Dwelling Within Two Years or Show That His Actual Repair/Replacement Costs Exceeded the Insurer's ACV Payment

PROPERTY  – HOMEOWNERS – TWO-YEAR REPAIR/REPLACEMENT DEADLINE  – REPLACEMENT COST COVERAGE   Mateyunas v. Cambridge Mut. Fire Ins. Co. (Sup....

Wind or Water? -- A Superstorm Sandy Loss

HOMEOWNERS – PROPERTY – FLOOD  – WATER DAMAGE EXCLUSION – WIND  – ANTI-CONCURRENT CAUSATION CLAUSE        Clarke v. Travco Ins. Co. (S.D.N.Y...

Water Damage from Broken Water Main Not Due to "Explosion"

PROPERTY  – HOMEOWNERS  – WATER LOSS EXCLUSION  – EXPLOSION EXCEPTION Platek v. Town of Hamburg (Ct. Apps., decided 2/19/2015) A subsurface ...