Reinsurance Law Blog

Reinsurance Law Blog

Tag Archives: homeowner

O.K. to depreciate labor in property loss — Tenth Circuit applying Kansas law

Posted in Contractual Liability
In Graves v. American Family Mutual, Graves had roof damage and damage to her kitchen ceiling after a hailstorm. Her American Family homeowner’s insurance policy provided for recovery of the “actual cash value” at the time of a covered loss as well as the “replacement cost” of the damaged property once repairs are completed. She… Continue Reading

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

Policyholders may be covered for an entire property insurance claim where there are multiple concurrent causes of loss and at least one is covered under a policy — Florida

Posted in Contractual Liability, New Case
In Sebo v. American Home Assurance Co., the Florida supreme court ruled that an entire property insurance claim may be covered where there are multiple concurrent causes of loss and at least one is covered under a policy. Insurers might be able to defeat claims if they can show that an excluded risk prompted a… 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

Insurer may be required to replace all siding if only part is damaged — Missouri law

Posted in Contractual Liability, Insurance Bad Faith, New Case
In Alessi v. Mid-Century Ins. Co., hail damaged one side of Alessi’s house. The siding on the house was no longer available so Alessi wanted Mid-Century to replace the siding on the whole house, while Mid-Century wanted to replace only the damaged side. Summary judgment to the insurer, Mid-Century , was reversed and the case… Continue Reading

Insureds’ fraud results in void policy and $4.1 Million Judgment in Insurer’s Favor — Missouri

Posted in Contractual Liability, Insurance Bad Faith, New Case
In Akers v. Auto-Owners (Mut.) Ins. Co, (2015 WL 3714595) the insurer paid its insureds over $3.5M after a house fire.  The insureds, (the Akers) claimed the insurer still owed them more money and sued them.  In discovery, the Insurer found that the Insureds had prepared fraudulent invoices to inflate their losses.  The Insurer then… Continue Reading

Ambiguities in replacement cost coverage; Missouri law

Posted in Contractual Liability, Insurance Bad Faith, New Case
In Wilson v. American Family Mutual Insurance Company, the Wilsons purchased a Gold Star 100% replacement cost policy from American Family, to insure their historic farmhouse. When a fire destroyed the their home, American family offered to pay the face amount of the policy, $419,000. This amount was substantially less than the amount required to… Continue Reading

No bad faith where there was evidence the insured caused the fire and lied to the insurance company, 8th Circuit, Arkansas law

Posted in Contractual Liability, Insurance Bad Faith, Mortgage, New Case
In Jackson v. Allstate, the Eighth Circuit affirmed a trial court judgment in favor of Allstate on a breach of contract / bad faith claim.  Jackson’s house was damaged in an arson fire.  Allstate denied the claim based on the intentional acts exclusion and the material misrepresentation exclusion. Allstate’s motion for partial summary judgment was… Continue Reading
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