Category: Commercial Property

Unintended Consequences: What the Surfside Condo Collapse Means to Agents and Underwriters, Plus Some Lessons Learned

The condo collapse in Surfside, Florida raises a number of insurance coverage issues. However, little has been said about how this tragedy is likely going to change what agents and underwriters are expected to do with regard to verifying condo coverages. This became apparent when I recently received the following email….

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Collapse Coverage

The recent Surfside, Florida condominium building collapse has raised questions all over the country about whether property insurance covers the damage. Also of interest, especially given that the first lawsuit was filed in less than 24 hours following the collapse, is what liability coverage may come into play. This article addresses these issues and several lessons learned so far.

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Time to Make Government Action Exclusions More Equitable?

If your car is stolen and not recovered for months or longer, your auto policy likely pays for the ACV of your vehicle. However, if the thief commits a crime and your auto is confiscated for the months or longer required to try the case, your loss is excluded. Property policies have similar “government action” exclusions. Is it time for a change?

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What Does “Direct Physical Loss Of Or Damage To Property” Mean?

In a recent COVID-19 business income lawsuit, the court opined that direct physical “loss of” property could include “loss of use of” that property. This is an erroneous reading of the policy form and certainly not the intent of the insurance contract. This article explains why that is and links to a more detailed discussion that refutes this interpretation.

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Why Insurance Doesn’t Cover the COVID-19 Pandemic

THE Definitive and Conclusive Analysis of Why Insurance Doesn’t Cover Pandemics. is now available on presale at Amazon.com This book by one of the industry’s foremost P&C insurance coverage experts, author of “When Words Collide: Resolving Insurance Coverage and Claims Disputes,” explains why potentially trillions of dollars of COVID-19 business interruption losses should not, can not, and are not covered by insurance.

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