December 29, 2012 In Raritan Bay Fed. Credit Union v. CUMIS Ins. Soc’y, Inc., the insured sought discovery and to amend its complaint after its bad faith claims were initially dismissed without prejudice in 2009. (See this case). The carrier objected on several grounds, seeking to: (1) preclude the insured from conducting discovery on the… Continue reading DECEMBER 2012 BAD FAITH CASES: COURT GRANTS INSURED’S MOTION TO AMEND COMPLAINT WITH BAD FAITH COUNT, BUT GRANTS PARTIAL PROTECTIVE ORDER TO CARRIER, SHIELDING IT FROM DISCOVERY ON RELATED BAD FAITH CLAIMS
Month: January 2013
Sandy-Related Insured Losses Likely to Exceed $20 Billion – Insurance Networking News
Chris McMahon – January 8, 2013 Fitch says total estimated losses could continue to rise, as several insurers have yet to release loss estimates. Insured losses attributable to Superstorm Sandy will exceed $20 billion, according to an update from Fitch Ratings, and based on loss estimates from individual companies totaling $16 to $17 billion so… Continue reading Sandy-Related Insured Losses Likely to Exceed $20 Billion – Insurance Networking News
Confirmation that a Joint Offer of Judgment can be used to Obtain an Award of Attorney’s Fees in a Construction Lien Case
David A. Greene – December 27, 2012 Florida courts continue to issue interesting and informative opinions about awards of costs and attorney’s fees in construction lien cases. Most recently, Florida’s Second District Court of Appeal issued an en banc opinion in the consolidated cases of Richard O. Wolfe, II and H. Michelle Wolfe v. Culpepper… Continue reading Confirmation that a Joint Offer of Judgment can be used to Obtain an Award of Attorney’s Fees in a Construction Lien Case
Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for Subsequent Home Purchasers
Joshua Grabel and Jennifer R. Phillips – December 2012 On December 4, 2012, the Arizona Court of Appeals issued a decision in Sullivan v. Pulte Home Corporation that will have significant implications in the construction industry. The case revolved around a home built by Pulte in 2000. The original purchasers sold the home to the Sullivans in… Continue reading Arizona Court of Appeals Issues Decision Related to the Application of the Statute of Repose and Economic Loss Doctrine for Subsequent Home Purchasers
Ohio Supreme Court – Claims for Property Damage to Insured’s Own Work Caused by Defective Workmanship not Covered under CGL Insurance Policies
Clifford Shapiro and Brad Stoll – December 19, 2012 The Ohio Supreme Court has held that commercial general liability (CGL) insurance policies do not cover claims for the repair or replacement of faulty or defective workmanship, but that resulting property damage can trigger coverage as an “occurrence.” Westfield Ins. Co. v. Custom Agri. Sys., Inc.,… Continue reading Ohio Supreme Court – Claims for Property Damage to Insured’s Own Work Caused by Defective Workmanship not Covered under CGL Insurance Policies