Articles by Burke Coleman

The New Hampshire Supreme Court recently held that a persistent odor could constitute a “physical loss” under a homeowner’s insurance policy as long as the smell distinctly and demonstrably changed the condition of the property. The decision represents an important …

The Ohio Supreme Court recently issued a significant decision affecting insurance coverage for employer intentional torts. In Ohio, as in other states, workplace injuries are generally covered by the workers’ compensation system. Intentional injuries, however, are considered to occur outside …

In Platek v. Town of Hamburg, 2015 NY Slip Op 01483 (Feb. 19, 2015), the New York Court of Appeals reversed a lower court decision and held that an ensuing loss provision is not intended to resurrect coverage for an …

A person’s classification as an employee, temporary worker, or independent contractor can often affect various insurance coverages. While the distinction arises frequently in the context of workers’ compensation claims and unemployment benefits, it can also impact coverage grants and exclusions …

Underinsured motorist (UIM) coverage allows insureds to seek recovery from their own insurance company when an at-fault driver is underinsured—carrying less liability coverage than necessary to cover the injured party’s claim. While UIM coverage offers important protection and is often …

A threshold question for insurance coverage is whether an event occurred to trigger coverage under the policy. Various theories of coverage triggers may apply depending on state law, the policy language, and the nature of the event or loss. An …

Two cases from New York recently explored the issue of when ownership of a vehicle transfers to determine how insurance coverage applies. The ownership of a vehicle can have significant implications on the applicability of insurance coverage, but with certain …

The general rule holds that when a policy provision is susceptible to more than one interpretation courts should construe the ambiguity against the insurer and liberally in favor of the insured. This principle is often asserted by policyholders seeking coverage …

A recent case from the Eleventh Circuit Court of Appeals weighed the application of a statutory presumption to an insurance policy. In Travelers Prop. Cas. Co. of Am. v. Moore, No. 13-14413 (11th Cir. Aug. 14, 2014), 2014 U.S. App. …

When the literal language or structure of an insurance policy gives the policyholder the impression of coverage but effectively negates any meaningful coverage, coverage is said to be “illusory.” The theory of illusory coverage holds that policies should be construed …