Blog Archives

Court Finds No Coverage for Loss Caused by Water Back Up Through a Storm Drain

Posted on March 4, 2024 by Tiffany Bustamante O'Quinn

In Carrico v. Stillwater Ins. Co., 23-CV-349-RAJ, 2024 WL 308106 (W.D. Wash. Jan. 26, 2024), the Western District of Washington considered competing motions for partial summary judgment in a property damage case involving a winter storm, where large amounts of rain and melted snow backed the drain up and the force of the water pushed through the exterior door causing damage to the entire basement level. At issue in the case was the application of the policy’s wear and tear exclusion and its exceptions. About The Author

Tagged with: Plumbing System Coverage, Storm Drain Damage, Water Back Up Coverage, Water Damage Coverage, Water Overflow Coverage, Wear And Tear Exclusion
Posted in Uncategorized

Florida Appeals Court Reverses Appraisal Ordered In Storm Suit

Posted on August 02, 2022 by Tiffany Bustamante O'Quinn, Alycen A. Moss

On July 20, 2022, Florida’s Third District Court of Appeal reversed and remanded a trial court’s decision compelling the parties to proceed with appraisal and staying litigation until that appraisal was completed. Florida’s appellate court held that trial court erred in granting the motion to compel appraisal without first conducting an evidentiary hearing to determine compliance with post loss obligations. About The Authors

Tagged with: appraisal, Bad Faith, claims handling, estimate, Evidentiary Hearing, Florida Bad Faith, Florida property damage, Meaningful Exchange, Motion to Compel Appraisal, Post-Loss Obligations, Scope of Loss Estimate, Setup, Sworn Proof of Loss
Posted in Uncategorized

For more than four decades, Cozen O’Connor has represented all types of property insurers in jurisdictions throughout the United States, and it is dedicated to keeping its clients abreast of developments that impact the insurance industry. The Property Insurance Law Observer will survey court decisions, enacted or proposed legislation, and regulatory activities from all 50 states. We will also include commentary on current issues and developing trends of interest to first-party insurers.

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