Property Insurance

March 16.2010

Preparing for a Mediation Involving Coverage Issues

Preparing for a mediation involving coverage issues Adequate preparation is essential for any mediation, and mediations involving insurance coverage issues are no exception. Whether the focus of the mediation is the insurance coverage dispute itself, or whether the insurer is attending a mediation of the underlying action (with an expectation that it will fund any settlement), the insured can and should take certain steps to ensure a more productive session. 1) Select the right mediator Only the attorneys handling the case can judge which mediator has the right style and temperament to handle their specific matter. An additional consideration, however,...

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February 18.2010

Business Interuption Coverage

The recent earthquake in Eureka, California (as well as the devastating events in Haiti), reminded me of the financial challenges and complexities faced by businesses large and small following a catastrophe. While the Eureka situation is in no way comparable to the devastation in Haiti, businesses there will be facing challenges and potentially lengthy shut-downs. One tool for dealing with the financial loss of such an involuntary shutdown is business interruption insurance. However, that comes with its own set of challenges. Insureds face difficulties determining limits for both earthquake insurance and business interruption insurance. Generally speaking, limits for both should...

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May 20.2009

Homeowner Denied Coverage for Water Damage Caused by Third-party Negligence

After sopping up the mess and shutting off your water main, most homeowners reach for the telephone to call their insurer after finding a water leak and the mess, damage, and mold left in its wake. For years homeowners have found some comfort after making that call even when their homeowner’s policy excluded damage caused by water. Until the recent decision by the California Court of Appeal’s Second District in Freedman v. State Farm Ins. Co.¸ B202617 (May 5, 2009), homeowners could argue that water damage caused by the negligence of a third party was not excluded. The argument made...

Read the Article | Comments (0) | TrackBack | Posted in General Liability Policies, Property Insurance