homeowner’s policy News

Public Lands Commissioner Proposes Fund to Fight Wildfires

SPOKANE, Wash. — The state’s commissioner of Public Lands released a proposal Monday to raise some $63 million each year to fight wildfires and take steps to prevent them in the first place. Money for the fund will come from …

Pennsylvania Court Awards Summary Judgment to Insurer Accused of Bad Faith

A judge in the U.S. District Court for the Western District of Pennsylvania awarded summary judgment to an insurer accused of bad faith after denying a man’s claim for losses exceeding $1 million when a fire destroyed his home. The …

A Homeowner Policy’s Vacancy Exclusion Includes Arson in Florida

Homeowner policies contain a vacancy exclusion. Under the terms of the standard vacancy exclusion, damage caused by “vandalism and malicious mischief” are excluded from coverage. However, is arson encompassed within the phrase “vandalism and malicious mischief?” That issue was recently …

Smell May Constitute Physical Loss Under Policy

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 …

N.H. Court Finds Illegal Drug Activity Inherently Dangerous, Harmful Thus Liability Can’t Constitute a Covered Occurrence

New Hampshire courts have developed two tests to determine whether an insured’s act was an accidental cause of injury. One test is subjectively based while the other test is objectively based. See Energynorth Natural Gas v. Continental Ins. Co., 146 …

AIG Off the Hook for Claims by Madoff Clients Under Home Policies

American International Group Inc. does not have to cover insurance claims from two former Bernard Madoff clients who sought compensation for their losses under their homeowner’s policy, a federal appeals court ruled on Wednesday. The 2nd U.S. Circuit Court of …

Insurer Fights Sandusky Coverage in Pennsylvania Lawsuits

The insurance company that wrote Jerry Sandusky’s homeowner’s policy says it should be exempt from civil lawsuits stemming from the ex-Penn State assistant coach’s child sexual abuse case. State Farm Fire and Casualty Co. argues that its policy doesn’t cover …