Between the Lines

A Discussion of Case Law and Statutory Law Affecting Commercial Lines of Insurance

Archive for Property Coverage Category

Posted In: Property Coverage

Sorry, Your Property Policy Doesn’t Cover Removal of Snow From Your Roof

Court Rejects Policyholder’s Argument That Coverage For “Risks of Direct Physical Loss or Damage” Includes Preventive Measures.  Typical commercial property policies state that the policy covers “risks of direct physical…

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Posted In: Property Coverage

Is there Coverage for a Marijuana Business Under a Commercial Property Policy?

A Carrier Who Knowingly Insures A Marijuana Business Probably Can’t Rely On An Illegal Acts Exclusion, But The Exclusion Bars Coverage For A Landlord Whose Tenants Surreptitiously Grew Marijuana.   …

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Posted In: Property Coverage

Statutory Limitations Period for Property Insurance Suit Not Subject to Discovery Rule

File Within Two Years of Date Of Loss Or Suit Is Barred. In a decision that provides clear guidance to policyholders and insurers, the Massachusetts Appeals Court held that the…

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Posted In: Property Coverage

National Flood Insurance and Businesses: The Price of A Clam Roll May Be Rising

The National Flood Insurance Program’s redrawing of flood maps and roll-back of flood insurance subsidies for some properties have caused an uproar from homeowners in coastal and other areas where…

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Posted In: Property Coverage

Is That Water: (a) Rain, (b) Surface Water, or (c) Overflow From A Drain? (Hint: “All Of The Above” Is Not An Option)

Just as Eskimos are said to have many words for snow, property insurance policies have many words for water.  Consider, as the First Circuit recently did, the water collecting on…

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Posted In: Property Coverage

It May Be Junk, But It’s Not Covered

These days, when insurers and policyholders debate whether or not there has been “direct physical loss or damage,” they are often talking about electronic information.  Far from Silicon Valley in…

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Posted In: Property Coverage

How to Void a Policy: Misrepresent the Extent of your Lost Income

An insured who plays fast and loose with an element of loss that is fixed and knowable risks losing coverage for its legitimate losses. That’s what happened in the latest…

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Posted In: Environmental and Toxic Torts, Property Coverage

Boston Gas – Latest Chapter in a Long Tale of Environmental Coverage Allocation

In the most recent decision of this ongoing environmental coverage dispute, factual arguments made before a key legal ruling come back to haunt the policyholder.  This latest chapter finds the…

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Posted In: Duty to Defend, Property Coverage, Title Insurance

I Can See For Miles – Title Insurance Covers More Than You Might Think

  Although the duty to defend may not be the first thing that springs to mind when you think of title insurance, a recent dispute about a view easement in…

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Posted In: Property Coverage

First Circuit and District of Massachusetts Wade Into Flood Insurance Issues

The First Circuit has not had much occasion in the past to opine on issues under the National Flood Insurance Program (“NFIP”).  Its recent decision in McGair v. American Bankers…

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