A homeowner hired a plumber to install a new sewer pipeline to his property in 1996. Many years passed until 2007 when a backup of raw sewage was allowed to seep into the home and damage the property. The homeowner filed a lawsuit against the plumber for breach of contract and the negligent work performed installing the
Property Insurance
Appraisal Process As A Substitute For Trial
By Steven V. Buckman on
Posted in Property Insurance
If the goal of both the insurer and the insured is to obtain a prompt resolution of a property damage dispute, appraisal is sometimes an appropriate means to end the discussion and allow everyone to move forward. I have seen appraisal used in $1,000,000.00 disputes and $5,000.00 disagreements.
The Supreme Court in Oklahoma has ruled the party…
Code And Ordinance Upgrades: An Exclusion Of Coverage Under Property Insurance
By Steven V. Buckman on
Posted in Property Insurance
Code compliance or ordinance and law exclusions in property insurance policies are intended by insurers to prevent damage claims turning into windfalls for policyholders. These cases are often hotly debated by both sides. From the perspective of the policyholder, the insured wants coverage to return the house or building to the same or similar use as…
Property Damage From A Continuous And Ongoing Event
By Steven V. Buckman on
Posted in Damages, Property Insurance
Property damage that results from a continuous and ongoing process over an extended period of time rather than from a defined, identifiable event such as a tornado or hail damage creates disagreements and disputes as to when property damage "occurred." Coverage under most insurance policies is triggered by an "occurrence." As Dana Ferestien commented, insurers and insureds continue to litigate…