Tag Archives: All Risk
Earthquake Insurance Coverage in California is not covered under the "All Risk" Policy
California is prone to natural disasters. Just this last Sunday, Southern California was pummeled with rainstorms that drenched the area with intense downpours throughout the day. In Los Angeles County, evidence of this is all over as the affluent neig…
The Loss in Progress Doctrine: Deconstructing the All-risk Policy
Closely related to the fortuity doctrine, are the doctrines of known loss or loss in progress. Known loss is fairly simple and can often lead to allegations of fraud by the insured. If an insured knows of a loss and then procures insurance to cover it …
The Fortuity Doctrine, Part 3: Deconstructing the All-Risk Policy
When fortuity issues arise in insurance disputes, courts make a determination about the fortuity of the loss (as I wrote about in my previous post) and look to see how much control the insured had over the loss or damage. As one might expect, the gener…
The Fortuity Doctrine, Part 2: Deconstructing the All-Risk Policy
Last week, in continuing my deconstruction of the all-risk policy, I wrote about the fortuity doctrine. This week, I want to begin looking at how courts apply the fortuity doctrine in certain circumstances.As illustrated in Sentinel Management Co. v. N…
The Fortuity Doctrine: Deconstructing the All-Risk Policy
In my last post, I mentioned that the fortuity doctrine creates many legal issues. Before going into those legal issues, it is important to understand exactly what the fortuity doctrine is.Experts and courts agree that the very nature of insurance impl…
Basic Thresholds to Coverage: Deconstructing the All-Risk Policy
After spending the past several weeks looking at common exclusions to the all-risk policy, this week’s blog will focus on more basic requirements that must be met in order for coverage to exist. Some will seem very straightforward, but others act…
The Latent Defect or Inherent Vice Exclusion: Deconstructing the All-Risk Policy
This week’s review of common exclusions found within all-risk insurance policies focuses on the latent defect or inherent vice exclusion. While other exclusions are somewhat more straightforward – we all may have a good idea of what mold is…
Deconstructing the All-Risk Policy: The Smog, Smoke, Vapor, or Gas Exclusion (Part 2)
Last week I wrote about the smog, smoke, vapor, or gas exclusion and gave an example of how some courts hold that invisible vapors are not included in the common definition of “smoke.” As promised, this week’s post illustrates that ot…
Deconstructing the All-Risk Policy: The Smog, Smoke, Vapor or Gas Exclusion
Continuing my breakdown of common all-risk insurance policy exclusions, I turn this week, to the smog, smoke, vapor or gas exclusion. While one might think that this type of exclusion would apply only to industrial or commercial properties, it can appl…
Deconstructing the All-Risk Policy: The "Wear and Tear" Exclusion
Recently, I wrapped up the discourse of mold exclusions commonly found in all-risk policies. This week I am writing about another extremely common exclusion: the “wear and tear” exclusion.As one court put it,
The purpose of the standard we…
