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The Water Pipes Burst – Now What?

Water from burst water pipes has saturated the insulation above the ceiling and the sheetrock of the ceiling.

Thousands of Texas homeowners are having to deal with the home damage inflicted by the arctic winter storm of 2021. Some homeowners had prior experience with this sort of disaster and they shut off the water to their homes and drained the water pipes in the walls and attic of their houses. However, many who…
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Insureds Must Segregate Damages That Occur Prior to Policy Period From Those Occurring During the Policy Period

The Northern District of Texas recently granted summary judgment in favor of an insurer where the insured failed to segregate damages occurring prior to the policy period from those occurring during the policy period.  In Frymire Home Services, Inc. v. Whitfield Capital, LLC, 2020 WL 7259335 (N.D. Tex. Dec. 10, 2020), at issue was hailstorm…
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Allstate Held Accountable For Unreasonable Claim Investigation But Court Fell Short Of Finding Knowing Violation of Texas Insurance Code

Allstate was recently held accountable by a San Antonio Court of Appeals for its unreasonable claim investigation; however, the court fell short in upholding an award of treble damages because it failed to find a knowing violation of the Texas Insurance Code. In Allstate Vehicle and Prop. Ins. Co. v. Reininger, 2020 WL 6928405 (Tex….
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Recent PA Supreme Court Decision Upholding Governor’s Declaration of Natural Disaster Has Potential To Advance Arguments for Business Interruption Claimants

The business interruption litigation arena is heating up and a recent Pennsylvania Supreme Court decision certainly has the potential to advance the ball for policyholders seeking coverage for lost business income and extra expense as a result of COVID-19 even though it did not involve an insurance dispute.  In Friends of DeVito, et al. v….
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