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Topic: Property damage


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Law

In the News (Wed 23 Dec 09)

  
  Property damage - Wikipedia, the free encyclopedia
Property damage is damage or destruction done to public or private property, caused either by a person who is not its owner or by natural phenomena.
Property damage caused by persons is generally categorized by its cause: neglect (including oversight and human error), and intentional damage.
Property damage caused by natural phenomena may be legally attributed to a person if that person's neglect allowed for the damage to occur.
en.wikipedia.org /wiki/Property_damage   (498 words)

  
 IRMI - The Myth of "Third-Party" Property Damage
Despite the absence of any mention of damage to third-party property in either the definition of "property damage" or "occurrence" in the policy, courts have had a tendency to engraft that requirement into their treatment of insurance coverage for defective work claims.
Direct (as opposed to consequential) damages that naturally flow from a breach of contract are conclusively presumed to have been in the contemplation of the parties and may therefore constitute expected or intended damages.
The application of the definitions of "occurrence" and "property damage" are essentially separate steps to be applied prior to applying the "business risk" notions that are embodied in the property damage exclusions which are most often invoked by a defective workmanship claim.
www.irmi.com /Expert/Articles/2003/Wielinski05.aspx   (3161 words)

  
 The CPS : Damage to Property
Damage to property of spouse - consent of DPP
Damage is not limited to permanent damage, so smearing mud on the walls of a police cell may be criminal damage.
Damage to property of spouse - consent of DPP
www.cps.gov.uk /legal/section11/chapter_b.html   (2933 words)

  
 PROPERTY DAMAGE CAUSED BY ANIMALS Rough Notes - Find Articles
Damage done, for example, by a dog owned by an insured or kept for a vacationing neighbor would not be covered.
Note, however, that damage caused by animals to valuable items of personal property may be covered in a scheduled personal property endorsement, under which they are included.
Several courts have found raccoons not to be vermin and property damage caused by them not to be subject to the exclusion.
www.findarticles.com /p/articles/mi_qa3615/is_200407/ai_n9410392   (823 words)

  
 IRMI - The New Business Risk Rationale: "Economic Loss," "Property Damage," and the "Economic ...
It also narrowed the exclusion, in the operations context, to property damage to "that particular part" of the work on which operations are being performed, out of which the property damage arises or that must be repaired or replaced because the insured’s workmanship was faulty.
The position that damage arising out of defective workmanship is not "property damage" within the coverage of a CGL policy is frequently framed in terms of economic loss.
If the definition of property damage is not satisfied, then the claim may in fact involve mere economic loss, but not because economic loss is not covered, but rather, because there is no property damage.
www.irmi.com /expert/articles/wielinski012.asp   (1949 words)

  
 Property damage - Statistics New Zealand
Property damage offences made up 9.5 percent of all recorded crime in 2000.
Wilful damage includes damage where danger to life ensues, damage to road/rail/air/sea facilities, damage to power/gas/fuel facilities, damage to water supply facilities, wilful damage under specific statutes, and 'other', which is divided into two categories, namely damage under $5,000 and damage over $5,000.
The resolution rate for property damage offences that endanger life increased by 16 percentage points between 1994 and 2000, to stand at 77 percent in 2000.
www.stats.govt.nz /analytical-reports/crime-in-nz/property-damage.htm   (212 words)

  
 Property Damage
The owner of the livestock, however, is not liable for the damage caused by his livestock during daytime unless he unleashes them to pasture or wander close to things that are typically damaged by livestock.
However they are liable for the damage if caused during nighttime because it is the common custom of the plantations' owners to safeguard their plantations during the daytime and the custom of the livestock's owners is to safeguard their animals during nighttime.
Prophet Dawud ruled that the owners of the sheep are liable for the amount of the damage and ordered them to transfer their sheep to the owners of the vineyard because the market value of the sheep was equal to the damage.
www.alinaam.org.za /library/business/pdamage.htm   (979 words)

  
 Property Damage in Car Accident Collisions
The measure of damages for such loss is the difference between the market value of the (personalty involved) before and the market value after the damage occurred.
If the (personalty involved) is not substantially damaged and it can be repaired at a cost less than the difference between its market value before and its market value after the damage occurred the plaintiff's damages would be limited to the cost of the repairs.
The owner of personal property may be permitted to testify as to its value before and after damage where such person property is "of a common class or in general daily use," in the court's discretion, but not where the owner has not the slightest knowledge of such value.
www.njlaws.com /property_damage_in_car_accident_collisions.htm   (840 words)

  
 Deer Damage Hurts the Pocketbook   (Site not responding. Last check: 2007-11-02)
The estimates for plant damage, control costs, and vehicle damage were reported in a survey conducted by the WVU Extension Service Hancock County Office.
Some 47% of the property owners thought that the deer population should be decreased, 30% thought it should stay the same, and 3% thought it should be increased.
Although 50% of property owners felt that deer damage is not acceptable on their property, 33% were willing to deal with some deer damage, and 2% were willing to deal with any amount of deer damage.
www.wvu.edu /~agexten/wildlife/deerdam.htm   (479 words)

  
 Personal Injury Attorney Livonia MichiganTraffic Violations Estate Planning Lawyer
Collision coverage is an optional coverage which pays for property damage to the insured vehicle either, without regard to fault or if the insured is less than 50% at fault depending on the type of collision coverage purchased.
In the case of motor vehicles in storage or at a garage which cause damage to the storage facility or garage, the No-Fault insurer is not responsible for providing property damage to the storage facility or garage by statute.
These damages are for property and would normally occur with environmental claims or damage to property such as bridges, trains, and utilities.
www.montagnelaw.com /PROPERTY_DAMAGE.shtml   (408 words)

  
 Dial L-A-W-Y-E-R-S - Settling Property Damage Claims   (Site not responding. Last check: 2007-11-02)
It is often not cost effective to hire an attorney for a property damage claim because the attorney's fees could be higher than the value of the damage to your property.
If you are in a situation where your property has been damaged or destroyed, you may have a right to recover against the person who caused the damage or destruction.
By settling the property damage claim, you could also be waiving any rights to pursue personal injuries if you are not careful.
www.diallawyers.com /property_claims.html   (463 words)

  
 Property Damage Defined-RateEmpire.com
The term 'Damage' is used to refer to anything broken by a tenant or their guests.
A landlord is liable to charge for any damage to the rented unit and in some states may be required to provide the tenant with an itemized list.
Examples of damages that a tenant is obliged to pay for include broken windows panes, holes or tears in the plastering or wall paper in walls, animal or other stains, and excessive amounts of filth.
www.rateempire.com /property_manager/propertydamage.html   (206 words)

  
 Damage Report   (Site not responding. Last check: 2007-11-02)
PROPERTY DAMAGE REPORT: The following report is to be filled out and submitted to Environmental Health and Safety for all non-criminal damages to state-owned property or personal property.
Personal Property - If you feel your personal property was damaged as a direct result of University responsibility, you may fill out a "Damage to Personal Property" report.
State property losses that are not reported to NAU Environmental Health and Safety in a timely manner may not be covered.
www4.nau.edu /police/Damage_Report.htm   (299 words)

  
 Malicious Damage Act 1861 - Wikipedia, the free encyclopedia
The Malicious Damage Act of 1861 is an Act of the Parliament of the United Kingdom (24 and 25 Vict c.
Beyond simple damage to property, it also covers willful disruption of transport systems, such as might be accomplished by giving false signals or removing navigational buoys in waterways[1].
Prior to the 19th century, property damage in Britain was reserved to a single offense: arson, defined as the willful burning of a personal dwelling.
en.wikipedia.org /wiki/Malicious_Damage_Act_1861   (455 words)

  
 Boston University: Office of Risk Management: Property Damage
When departmental property becomes damaged or lost, a Departmental Property Damage/Theft Claim Form (interactive PDF) should be completed by a contact person within the department who will be handling the claim.
As with departmental property damage claims, faculty and staff personal property claims will be adjusted within the coverage guidelines of the University's property insurance policy.
When a student's property becomes damaged, and the student feels that the University is responsible, the student should notify a Residence Life Senior Staff member.
www.bu.edu /risk/property   (761 words)

  
 Property Damage Attorney- Do you qualify for a property damage lawsuit
In order for you to have a property damage lawsuit, your property must have been contaminated by some type of chemical or other pollutant.
Generally, people who live 5 miles or less from a polluter are most likely to have property damage resulting from pollution, but some pollutants can cause damage more than 100 miles from their point of origin.
Property damage cases can be much stronger when a community fights back together.
www.weitzlux.com /propertydamagelawsuit/caseevaluator_271608.html   (671 words)

  
 Property Damage   (Site not responding. Last check: 2007-11-02)
Items to include with written statement are: date of occurrence, detailed information regarding property damaged or stolen, serial numbers if available, and substantiation of replacement cost of item.
This deductible is waived for the department occupying the space if damages are due to a building system failure (e.g., leaking roof), and generally charged to Physical Plant as a maintenance cost.
If your equipment or property is publicly accessible after hours, consider a check-in point with a responsible person monitoring use and activity.
www.uvm.edu /~riskmgmt/insurance/propertydamage.html   (508 words)

  
 Residential Property Damages | Atlanta Georgia Flood Damage Lawyers (Katrina)
The end result is that affected homeowners lose valuable personal property and often are left holding the title to worthless property (who is going to buy a home in a flood plain?).
Compounding this tragedy is the fact that most such homeowners do not have flood insurance to cover their losses since their homes were not part of a FEMA designated flood plain at the time of original purchase.
While damage to their property results, the more serious harm is to the health of the residents due to human waste contamination and mosquito and rodent infestations.
www.martinandjones.com /residential-property-damage.asp   (615 words)

  
 Jonathan Adler on Private Property & Supreme Court on National Review Online
The landowners claimed compensation was due because by its own terms the moratorium barred all economic use of their property so long as it was in effect.
The regulatory action was the equivalent of a forced leasehold whereby the landowners were required to cede their property to a government agency for the duration of the rule.
Moreover, although Tahoe landowners were "temporarily" barred from using their property for at least six years — some are still unable to develop — the Court only considered whether the first 32 months constituted a regulatory taking of private property requiring compensation under the Fifth Amendment.
www.nationalreview.com /comment/comment-adler050102.asp   (1293 words)

  
 Property Damage [Mackinac Center for Public Policy]
The Fifth Amendment to the U.S. Constitution prohibits private property from being taken through eminent domain without "just compensation," but it further stipulates that the property must be taken for a "public use." In Kelo, the Supreme Court watered down the public use requirement so as to make it almost meaningless.
Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random.
If it were not for Hathcock, local Michigan governments could try to enhance their own property tax revenues by taking the homes of longtime residents and turning those properties over to real estate firms that might build new housing developments or businesses.
www.mackinac.org /7146   (813 words)

  
 Property management and letting services in Bulgaria, Sunny Beach area. Professional rental management of holiday ...
Should electronic data processing media insured under the Insurance Agreement suffer physical loss or damage insured by the Insurance Agreement, then the basis of valuation shall be the cost of the blank media plus the cost of coping the electronic data from back — up or from originals of a previous generation.
The relations between the Parties and between the Insurer and any Insured in respect of the subject matter of the Insurance Agreement shall be settled solely on the basis of the provisions of the Insurance Agreement.
The Insurer's general conditions for property damage and liability insurance shall not apply in respect of the insurance cover provided hereunder.
www.propertymanagementbg.com /index.php?page_id=18   (2508 words)

  
 Property Damage Lawsuits/Lawyers - Fight Back Against Toxic Polluters
When your property is damaged by toxic polluters, you need to know how to fight back to keep yourself and your loved ones safe.
One of the best ways to do that is by filing a property damage lawsuit, which forces polluters to clean up their contamination and reimburse you for the damage they've done to your home and community.
If you suspect your property is being damaged because an industrial polluter is contaminating the environment, an environmental toxic tort lawyer can help you and your community stay safe and punish polluters.
www.weitzlux.com /propertydamage/watersoilcontamination_271604.html   (439 words)

  
 Business - Commercial Transactions
There are two ways in which your property damage claim can be paid.
Second, the other person's insurance company may offer to pay your property damage, if they recognize that the person they insure was at fault.
You should be careful in settling a claim for property damage without an attorney, especially when signing a release, to make sure that you know what rights you are giving up when you settle your claim.
www.lenahandempsey.com /car/property.htm   (138 words)

  
 Property Damage Insurance Specialists, Inc. - Public Adjusters, PA - NJ - FL   (Site not responding. Last check: 2007-11-02)
Property Damage Insurance Specialists, Inc. is a licensed public adjusting firm with construction and engineering professionals on staff to handle all aspects of your claim.
A licensed public adjuster is licensed and bonded by the State Insurance Commission to adjust claims of losses or damages arising out of policies of insurance.
Many damages to your home could be covered under your Homeowners Insurance Policy.
www.propertydamage.net   (236 words)

  
 Claims for Property Damages
You may have a claim for the cost of restoring your property to its pre-spill condition; or, if you sell the property, you may submit a claim for the difference between its assessment before the spill and the lower price you received for it after the spill.
Personal Property Damage - You may submit a claim for the cost of cleaning or replacing fishing tackle, equipment, or clothing that was oiled during a spill.
The Sample Damage Claim (400 KB PDF) shows sample documentation that someone might submit if his or her boat were damaged by an oil spill and required cleaning.
www.uscg.mil /npfc/Claims/damages_property.htm   (699 words)

  
 Taxes on property damage/medical settlement
If the claim specified that you were seeking compensation for damage sustained by your home, then the settlement is considered to be for property damage.
A settlement for property damage is generally not taxable, but instead would reduce your cost basis of the property.
For example, assume you give your mother-in-law $5,000 for her suffering, then you would only reduce the cost in the home by $15,000, and the additional $5,000 would be without tax consequence to her.
www.bankrate.com /brm/itax/tax_adviser/20050512a1.asp   (502 words)

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