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Ode to the Burning Christmas Tree

Both real and artificial trees can and do burn causing fire damage; unfortunately, ‘tis the season. As expected, Christmas tree claims arise through the seasonal months of November, December, and January. The National Fire Protection Association (NFPA) estimates of reported

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Posted in Damages

Re-Reading the Riot Act: An Update

Changes to the Riot Act that will hit insurers look set to go ahead following Parliament’s recent second reading of the Riot Compensation Bill. The draft Bill, which will replace the Riot (Damages) Act 1886, was the subject of debate

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Posted in Damages

Maryland’s Riot Act: Subrogation Potential for Property Damages Occurring During Riots

On April 27, 2015 protests in Baltimore, Maryland regarding the death of Freddie Gray escalated into violent riots. These riots resulted in extensive and significant property damage throughout the city. Often, such damages are covered by insurance companies that insure

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Posted in Damages, Government Tort and Inverse

If A Tree Falls And No One Hears It, Does Inverse Apply?

Confronted with a bevy of wildfire and flood claims, public and private utilities frequently contend that the instrumentality responsible for causing damage does not constitute a “public use” required for an inverse condemnation claim. The California Court of Appeals, Second

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Posted in Damages, Government Tort and Inverse
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