Interpretation of an "all risks" Property Insurance Policy can be confusing for some Courts and Counsel, given the recent development toward requiring Policyholders to "prove" Coverage under their all risks policies.
The anatomy of an All Risks Property Insurance Policy is much simpler than that, and far different from that somewhat traditional approach to interpreting Insurance Policies generally. All Risks Property Insurance Policies are instead interpreted beginning with their simple nature of basically providing Property Coverage for, literally, damage caused by "all risks," unless excluded. A recent decision of a Federal Court in California repeated and applied this very simple interpretative approach, for example:
Download Ruffin Road Venture Lot IV v. Travelers Property Casualty Co. of America (S.D. Cal. Case No. 10CV11, Order Filed June 20, 2011) PUBLIC ACCESS, also published as 2011 WL *3 (S.D. Cal. June 20, 2011)(authorized password required to access Westlaw).
Immediately after the Federal Court wrote these words, the Court granted in part the Property Insurance Company's Motion for Summary Judgment on the ground of an applicable Exclusion. See generally John K. DiMugno, Stephen Plitt, and Dennis J. Wall, "CATClaims: Insurance Coverage for Natural and Man-Made Disasters" §7:1, "Introduction and Interpretation" in Ch. 7, "Property Insurance Coverage Issues: Exclusions" (West, 2011 Supplements).
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