Category: Commercial Property

Top COVID Court Case of 2021

Each January, attorney Randy Maniloff publishes his Top 10 court cases of the prior year. This year, one of his ten cases was what he considers the most significant COVID case of 2021. In this short article, I explain why I think this case is so important based on a premise overlooked in too many other cases.

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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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