Steven Plitt is the current successor author to Couch on Insurance, 3d. He maintains a national coverage practice with The Cavanagh Law Firm. He has been listed continuously as one of Arizona's 50 lawyers by Southwest Super Lawyers. He can be reached splitt@cavanaghlaw.com. To read additional articles by Steven Plitt, go to www.insuranceexpertplitt.com. Standard homeowner and business property policies do not define the term “collapse.” The meaning of “collapse” has been the subject of substantial commentary. See, e.g., annot. What Constitutes “Collapse” of a Building Within Coverage of Property Insurance Policy, 71 ALR …
In the context of first party property coverage, criminal act exclusions typically have three requirements that must be met before the exclusion is applicable: (1) there must be a policy-defined loss; (2) the loss must be caused by a dishonest …
Makers of energy drinks have started to include alcoholic content in order to receive a greater market share of the youth in college student market. Unlike regular alcoholic beverages, the new alcoholic plus energy stimulants mixed drinks have been causing …
As I review cases to supplement my various publications I come across some cases that I would characterize as being “must reads.” The Minnesota Court of Appeals decision in Economy Premier Assur. Co. v. Western National Mut. Ins. Co., 839 …
Recently, the Nebraska Supreme Court was asked to decide whether theft coverage existed for a mover’s refusal to complete the delivery of an insured’s property unless the insured paid the movers additional money, in cash, or by wire transfer. In …
Some courts have adopted the so-called “potential liability standard” in determining whether an insurance company is obligated to indemnify the insured for a settled claim. As an example, the Second Circuit Court of Appeals in Luria Bros. & Co. v. …
“Pollution” is typically defined in the standard general liability policy as “any solid, liquid, gaseous, or thermal irritant or contaminate including smoke, vapor, soot, fumes, acids, alkaloids, chemicals and waste.” The question of whether a particular material is a “pollutant,” …
The Supreme Court of North Dakota in Nodak Mutual Ins. Co. v. Bahr-Renner, 2014 WL 656868 (N.D., Feb. 20, 2014), recently considered whether a step-down provision in an automobile liability policy violated North Dakota’s financial responsibility law. The step-down clause …
Does the insurance policy’s implied covenant of good faith and fair dealing require the insurer to show its insured the insurance company’s investigative file before requiring the insured to submit to an examination under oath? This question was recently answered …
The concurrent causation doctrine has been adopted by a majority of states. A question of concurrent causation arises where a liability insurance policy provides coverage for an accident caused jointly by an insured risk and by an excluded risk. Concurrent …