The Property Line

Tressler’s experienced Insurance attorneys write about the latest legal news. Tressler has been focused on protecting the interests of insurers for more than 30 years.

Latest from The Property Line

In Tarakanov et al. Lexington Insurance Co., 2019 WL 5541007 (N.D. Cal. Feb. 26, 2020), Magistrate Judge Laurel Beeler, in the United States District Court, Northern District of California, recently dismissed Plaintiffs’ claims in its Complaint that Lexington Insurance Company (“Lexington”) breached a homeowner’s policy it issued to Plaintiffs and that it acted in bad faith by refusing to pay extended replacement-cost coverage (“ERC Coverage”) and Ordinance Coverage. The court determined there was no requirement for Lexington to pay Plaintiffs the ERC and Ordinance Coverage because Plaintiffs did not meet the policy’s condition precedent to repair or replace their home. Plaintiffs’…
It’s not every day most of us get to deal with a real gold heist. But that is the case in Dillon Gage Inc. of Dallas v. Certain Underwriters at Lloyd’s, No. 3:18-CV-01555-X, 2020 WL 833255 (N.D. Tex. Feb. 19, 2020). Dillon… Continue Reading → The post Texas Court Finds Concurrent Causes Of A Loss Where One Cause Is Covered And The Other Is Excluded “Results In No Coverage At All” appeared first on The Property Line.…
A Kentucky federal judge ruled that Shelter Mutual Insurance Company doesn’t have to pay a $4 million judgment against a daycare center director in a child abuse case, finding that coverage is barred by an exclusion in the director’s homeowners… Continue Reading → The post Homeowners Insurer Need Not Cover Judgment Against Insured For Abuse Based Upon “Business Activity” Exclusion appeared first on The Property Line.…
In Witcher v. State Farm Fire and Cas. Co., 2018 IL App (5th) 170001-U (Ill. App. Jan. 26, 2018), the insureds demanded an appraisal following a fire loss.  A fire rendered the insureds’ home a total loss, but the insureds and… Continue Reading → The post Formal Service of Petition for Appointment of Appraisal Umpire is Required Even if a Party Fails to Respond to Appraisal Demand appeared first on The Property Line.…
Many times, significant losses occur on property where the named insured owes delinquent property taxes.  Certain states have codified laws mandating that, in such scenarios, a property insurer first pay delinquent property taxes from fire loss proceeds prior to paying… Continue Reading → The post Yes to Taxation Without Insured Compensation: Third Circuit Rules Insurer Must Pay Delinquent Taxes from Policy Proceeds Prior to Paying Named Insured appeared first on The Property Line.…
In property claims, issues often arise regarding: (1) whether a given structure is a part of the dwelling; and (2) what coverage limits apply to certain structures. The Texas Supreme Court recently addressed these issues in Nassar v. Liberty Mutual,… Continue Reading → The post Texas Supreme Court Swings for the Fences in Case Regarding Fencing appeared first on The Property Line.…
After suffering a loss, it is quite common for homeowners to assign their rights under a policy to a contractor that repairs the damages. However, a conflict arises when a homeowner assigns their rights under a policy even though the… Continue Reading → The post Another Court Rules That Insured Can Assign Rights Under Homeowner’s Policy After Loss appeared first on The Property Line.…