Advise & Consult, Inc. I. Scrutiny of Insurer-Retained Experts In first-party property litigation, the objectivity of carrier-retained experts—including engineers and technical consultants—is a material factor in evaluating claim determinations. Frequent retention by a single insurer may create financial dependencies that subtly or overtly influence technical findings. II. Indicators of Potential Bias Indicia of carrier influence… Continue reading Evaluating the Independence of Insurer-Retained Experts
Category: Insurance
Executive Summary: “Wear and Tear” Disclaimers and the Scope of Insurance Appraisal
Advise & Consult, Inc. Overview In property insurance claims, insurers frequently attempt to reject policyholder demands for appraisal by framing causation disputes—specifically, distinguishing between covered storm damage and excluded wear and tear—as unappraisable “coverage questions.” In the majority of U.S. jurisdictions, once an insurer admits there is a covered loss, determining whether specific damage was… Continue reading Executive Summary: “Wear and Tear” Disclaimers and the Scope of Insurance Appraisal
The Last Word on CGL Coverage for Expanding “Public Nuisance” Torts Is Still to Come
Lisseth Ochoa-Chavarria and Chris Popecki | Policyholder Pulse Over the last decade, governmental plaintiffs have secured tens of billions of dollars in settlements from certain manufacturers, wholesale distributors and pharmacy operators that allegedly contributed to a nationwide epidemic of opioid use disorder (OUD), a/k/a addiction. Bellwether litigation has centered on expansive “public nuisance” claims—reminiscent of… Continue reading The Last Word on CGL Coverage for Expanding “Public Nuisance” Torts Is Still to Come
D. Conn. Court: Insurer Has No Duty to Defend Over False Masonry Application
Matthew Lewis | Carlton Fields In Union Mutual Fire Insurance Co. v. Krajewski, the U.S. District Court for the District of Connecticut granted summary judgment in favor of an insurance carrier due to false statements provided by the insured on his application of insurance. In March 2022, Michael Krajewski sought insurance for his masonry business, Mike’s… Continue reading D. Conn. Court: Insurer Has No Duty to Defend Over False Masonry Application
From Bid to Breakdown: How Contractor Selection Drives Litigation Risk in Oregon
Jacob Zahniser | Miller Nash Risk begins with bid selection. A confluence of legislative change, economic pressure, and evolving liability doctrines has transformed contractor vetting from a procurement function into frontline risk mitigation. For owners and contractors, the takeaway is simple: buy-out decisions are risk decisions; the wrong contractor or subcontractor can turn a profitable… Continue reading From Bid to Breakdown: How Contractor Selection Drives Litigation Risk in Oregon