Reinsurance Law Blog

Reinsurance Law Blog

Tag Archives: homeowner policy

Summary judgment to homeowner insurance company reversed on burst pipe claim — 10th Circuit, Utah

Posted in Contractual Liability, Insurance Bad Faith
In Wheeler v. Allstate Insurance Company, Wheeler insured his cabin with Allstate.  A friend stopped by the cabin in the spring and found a pipe had burst and there was water in the basement.  There was extensive damage.  It was determined that the pipe burst two months before discovery and was likely caused by a… Continue Reading

Homeowners policy did not cover privacy, negligence claims where there was no physical injury to person or property — 10th Circuit, Oklahoma law

Posted in Contractual Liability, Duty to Defend
In State Farm Fire v. Dawson, Dawson was sued for negligence and privacy violations after receiving inappropriate photos of an under aged student. Dawson wanted State Farm to pay his defense and any judgment.  But State Farm claimed there was no physical injury to tangible property and no bodily injury such that the policy did… Continue Reading

Habitation or vacancy clause in homeowner’s policy conditions section is an exclusion — Arkansas

Posted in Contractual Liability
In Farm Bureau v. Davenport, 2017 Ark. App. 207, Davenport had 2 houses, one in Michigan and one in Arkansas.  While at the Michigan house, the Arkansas house was broken into and set on fire.  Farm Bureau denied the claim because the house was unoccupied when the house was destroyed. One of the policy conditions,… Continue Reading

Failure to cooperate by producing income tax records results in judgment for insurance company 11th Circuit, applying Georgia law

Posted in Contractual Liability
In Hsu v. Safeco Ins., Hsu sued Safeco to recover on a homeowner’s policy.  But Hsu had not provided Safeco with the tax returns Safeco requested before Hsu filed suit.  Safeco got summary judgment because providing the tax returns was a condition precedent to filing suit. Specifically, the district court held that Plaintiffs were not… Continue Reading

Underground water exclusion in homeowners policy unambiguous; 8th Circuit (Arkansas law)

Posted in Insurance Bad Faith, New Case
In Bull v. Nationwide Mutual Fire Insurance Company, Bull sued Nationwide when it failed to pay for damages caused by water that leaked from a buried pipe located beneath the garage-floor slab of Bull’s home. Summary judgment to Nationwide was affirmed on appeal.  Bull’s policy contained an exclusion for loss caused by “water … below… Continue Reading
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