Known Means Known: Eleventh Circuit Requires Actual Knowledge to Trigger Insured’s Notice Obligation

Miguel Rodriguez | PropertyCasualtyFocus In Frankenmuth Mutual Insurance Co. v. Brown’s Clearing Inc., the Eleventh Circuit Court of Appeals affirmed an Alabama district court’s ruling that the insured was not required to give notice of an underlying lawsuit until the insured had actual knowledge of the suit. Brown’s Clearing, a tree clearing company, hired a subcontractor… Continue reading Known Means Known: Eleventh Circuit Requires Actual Knowledge to Trigger Insured’s Notice Obligation

Know and Meet Your Notice Requirements or Lose Your Payment Bond Claims

Chris Broughton | ConsensusDocs Introduction: Time is of the essence in the construction industry, and failing to provide timely notice of your payment bond claim can end your chance of recovery. Payment bonds guarantee payment for the subcontractors and suppliers who provide labor or materials on covered construction projects. Federal and state statutes governing payment… Continue reading Know and Meet Your Notice Requirements or Lose Your Payment Bond Claims

“Please” Is Not a Material Condition of an Insurance Policy’s Notice of Claim Provision

Larry P. Schiffer | Squire Patton Boggs It is fundamental that a policyholder has to notify its insurance company about a claim if it expects the insurer to defend and indemnify the policyholder against that claim.  When and where that notice has to be given, however, varies.  Sometimes the notice requirement is expressed as a… Continue reading “Please” Is Not a Material Condition of an Insurance Policy’s Notice of Claim Provision

Assessing the “Reasonableness” of Notice

Christina Phillips | Property Insurance Coverage Law Blog | April 27, 2019 As any contributor on this blog will tell you, the first step in assessing any claim is to read the Policy. Policy language is ever evolving and changing, especially when it comes to notice requirements. The purpose of a notice requirement in an… Continue reading Assessing the “Reasonableness” of Notice

Recent Supreme Court Opinion Serves as Call to Action for Contractors to Review Contract Notice Requirements

Paige Scott | Schwabe Williamson & Wyatt | October 2, 2018 The Supreme Court of the State of Washington issued its opinion in Nova Contracting ‎Inc. v. City of Olympia, Docket No. 94711-2 on September 27, 2018, which hammers home the ‎need for contractors to review the notice provisions in their contracts. The Washington Supreme ‎Court… Continue reading Recent Supreme Court Opinion Serves as Call to Action for Contractors to Review Contract Notice Requirements

%d bloggers like this: