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Water Damage Insurance Claims: Key Issues and Strategies for Policyholders and Insurers

Contending With Undefined Terms, Complex Exclusions, Anti-Concurrent Cause Provisions, and Mitigation Catch-22’s

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
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Conducted on Tuesday, December 12, 2023

Recorded event now available

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This CLE webinar will offer insurance coverage lawyers guidance concerning difficult coverage issues that arise after a policyholder's loss to a business or residence is caused in whole or in part by water.

Description

Water damage is one of the most frequent, expensive, and extensive claims that arise to either a residence or a business. In the commercial setting, the complexity of the mechanical systems can lead to extensive damage throughout and also damage to equipment and supplies needed to operate the business. What is and is not excluded is often a contentious issue between the policyholder and insurer.

No standard policy for water damage coverage exists and exclusions related to water and water-related damage come in many different forms. Significantly, many of the terms used in exclusions are undefined or ambiguous. Determining whether coverage exists requires navigating how these terms are used and all the different exclusions and exceptions in the policy.

Two issues that often arise are whether the damage was "sudden and accidental" and the absence or presence of a concurrent cause. Anti-concurrent cause provisions can prohibit recovery if both covered and non-covered perils result in loss.

Listen as this panel of expert property damage attorneys distills the complexities of water damage claims and offers practical insights for finding coverage or enforcing exclusions.

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Outline

  1. Introduction
  2. Common causes of water damage
  3. Insurance coverage for water damage
    1. What is covered under an insurance policy
    2. Policy exclusions and policy endorsements
  4. Making a claim with an insurance carrier and the claims process
    1. Sworn proofs of loss and examinations under oaths
    2. Coverage opinions during the claims process
  5. Litigating a water loss coverage claim
    1. Coverage versus exclusions and proving your case
    2. Strategies for using experts
    3. Bad faith

Benefits

The panel will review these and other crucial issues:

  • Common policy provisions at issue in water loss claims
  • What should policyholders know about EUOs and how to prepare for them?
  • How can insurers avoid allegations of bad faith?

Faculty

Hunter, Hilary
Hilary Hunter
Attorney
Isenberg & Hewitt

Ms. Hunter is a trial lawyer representing each of her clients with the utmost respect and dignity while pursuing their...  |  Read More

Schwartz, Evan
Evan S. Schwartz, Esq.
Founder
Schwartz, Conroy & Hack

As the Firm’s Founder, CEO and Managing Partner, Evan is a highly skilled litigator in the niche area of...  |  Read More

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