Recent Developments In Insurance Coverage Litigation

First-Party Property Insurance Litigation: The Meaning of "Physical Loss or Damage"

February 1, 2011

The insuring clause in most property insurance policies requires that there by "physical loss or damage" to insured property.  This threshold requirement is clearly satisfied when insured property has been physically altered by perils such as fire or water. But when the structure of the property itself is unchanged, at least to the naked eye, and the insured claims the property's value, usefulness, or functionality has been destroyed or diminished, questions arise as to whether coverage is triggered under a property policy.

@ Copyright 2011. American Bar Association. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.  See section V (pages 443-448).

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Scott G. Johnson

Partner

Chair, Minneapolis Insurance Group

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