• Earthquakes and Insurance

    Earthquakes and Insurance Summary Mother Nature is a powerful and uncontrollable force. Of all the natural events that occur, earthquakes are among the most destructive. According to the U.S. Geological Survey (USGS), our nation experiences approximately 20,000 earthquakes a year, mostly small....

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  • Does My Business Need Flood Insurance?

    Does My Business Need Flood Insurance? Of all the natural disasters, floods are the most common. Yet many businesses and homeowners do not carry insurance to protect them from this potentially devastating risk. The standard ISO commercial property and businessowners policies do not provide...

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  • No Heightened Requirement for Consequential Damages Sought By Insured at Least at the Pleading Stage

    No Heightened Requirement for Consequential Damages Sought By Insured at Least at the Pleading Stage The Supreme Court of New York, Appellate Division, has overturned the decision of the motion court to dismiss a consequential damages claim when the plaintiff fulfilled the pleading requirement...

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  • ROCK SLIDING CLAIM IS DENIED

    ROCK SLIDING CLAIM IS DENIED The Supreme Court of Appeals of West Virginia has ruled that the earth movement exclusion in an insurance policy unambiguously precluded coverage for earth movement caused by natural or  man caused events. The case is Erie Ins. Property and Cas. Co. v. Chaber,...

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  • Fraudulent Email Scheme Not Covered Under Businessowners Policy

    Fraudulent Email Scheme Not Covered Under Businessowners Policy At the beginning of August, the U.S. District Court for the Eastern District of Michigan decided that a manufacturer could not recover $800,000 in funds lost after an employee mistakenly wired payment for legitimate vendor invoices...

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  • Earth Movement Exclusion Prevents Coverage for All Earth Movement

    Earth Movement Exclusion Prevents Coverage for All Earth Movement This week an appellate court in Michigan ruled that the earth-movement exclusion in a Businessowners Insurance Policy applied to all earth movements, and not just “natural” earth movement. The case is Home-Owners Ins. Co. v....

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  • Fracking and Injection Well Regulations

    Fracking and Injection Well Regulations Federal Pre-Drilling “A request for approval of hydraulic fracturing must be submitted by the operator and approved by the authorized officer before commencement of operations.” (43 C.F.R. § 3162.3-3). Must monitor and verify cementing and do mechanical...

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  • Anti-Stacking Clause and UIM Benefits

    Anti-Stacking Clause and UIM Benefits The named insureds brought an action against the auto insurer to recover the limit of underinsured motorist (UIM) benefits under separate policies for an injury to their minor son as a passenger in a car driven by the tortfeasor. This case is Gearhart v....

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  • Anti-Stacking Provisions Reviewed

    Anti-Stacking Provisions Reviewed The injured pedestrian and his wife filed a joint complaint with the insurer seeking a declaration as to whether anti-stacking provisions in a BOP and a CGL form limited recovery to $1,000,000 each occurrence limit that the insurer had already paid. This case is...

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  • Home Sharing

    Home Sharing Summary : While ride sharing and car sharing have gotten lots of media attention, home sharing is another sharing system. People rent rooms or homes for short periods of time or exchange their homes for someone else's for a given time. Similar to ride and car sharing, there are...

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  • Home Sharing

    Home Sharing Summary : While ride sharing and car sharing have gotten lots of media attention, home sharing is another sharing system. People rent rooms or homes for short periods of time or exchange their homes for someone else's for a given time. Similar to ride and car sharing, there are...

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