Tag Archives: Policy Language
Deciphering the Homeowner’s Insurance Policy in California
The most frequent questions asked by clients when they initially consult with my offices is, "Does my policy cover this loss? or Does my policy provide for__?" The answer almost exclusively is, "let’s look at your policy." It&…
In California, Homeowners Insurance Policies Must Disclose What Kind of "Replacement Cost" Coverage Exists for the Insured
After a property loss occurs, an insured is always responsible to show the amount of loss claimed. We are often asked whether a policy covers "replacement cost" value (RCV) or "actual cost" value (ACV). Although an insured may not b…
Eastern District Court Rulings show that California Courts Strictly Interpret Insurance Policies
Reading an insurance policy can be extremely cumbersome to almost anyone. Many times it feels like the language is muddled and the policy is written in a foreign language. It may be even more disconcerting to an insured to find out that the courts do t…
What is a Proof of Loss and Are You Required to Submit One?
Homeowners policies usually require policyholders to provide information supporting their claims and the amount of the loss, upon the insurer’s request. This document, referred to as a “proof of loss,” may require the policyholder, to…
Collapse Coverage: Is Coverage Triggered When the Building Shows Signs Of Distress, When Collapse Is Imminent, Or When It Crumbles To The Ground?
Cases around the country discuss property loss resulting from collapse. The issue is often litigated because collapse is usually a process that occurs over time and to various degrees. See Sherman v. Safeco Ins. Co. of Am., Inc., 716 P.2d 475, 476 (Col…
Collapse Coverage: Is Coverage Triggered When the Building Shows Signs Of Distress, When Collapse Is Imminent, Or When It Crumbles To The Ground?
Cases around the country discuss property loss resulting from collapse. The issue is often litigated because collapse is usually a process that occurs over time and to various degrees. See Sherman v. Safeco Ins. Co. of Am., Inc., 716 P.2d 475, 476 (Col…
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…
What Are Coinsurance Clauses and Do Courts Enforce Them?
Many insurance policies contain coinsurance clauses which require policyholders to purchase an amount of insurance that accurately reflects the value of their insured property. If less than a certain percentage of the ac…
Wind-Driven Rain Versus Wind-Created Opening in a Building and Potential Coverage Implications
Some insurance policies contain water exclusions or limitations of coverage to the interior of the building, or the property contained in the interior of the building, unless a windstorm damages the exterior roof or walls of the structure through which…
