Christopher P. Ferragamo and Alexis P. Joachim | DRI Coverage disputes between insureds and their insurance companies over the scope of the term “suit” and whether insurers are obligated to provide insureds with a defense for quasi-judicial proceedings relating primarily to environmental clean-up actions initiated by state and federal environmental agencies have been waged for decades. The Insurance Services Office (ISO) attempted to end… Continue reading Duty to Defend Pre-Litigation Construction Defect Claims
Month: April 2018
Adjusters May Be Personally Liable Under Washington Law
Dwain Clifford | The Policyholder Report | April 11, 2018 The Washington Court of Appeals recently held that the obligation to act in “good faith” applies to the adjuster working for an insurer, not just the insurer that employed the adjuster. This rule not only permits insureds to go directly after the person at the… Continue reading Adjusters May Be Personally Liable Under Washington Law
Replacement is Not Always a Prerequisite for an Insured to Claim Replacement Cost Benefits
Kesha Hodge | Property Insurance Coverage Law Blog | April 15, 2018 Replacement cost insurance generally allows recovery for the actual value of property at the time of loss, without deduction for deterioration, obsolescence, and similar depreciation of the property’s value. Depending on the circumstances, the difference between the actual cash value and the replacement… Continue reading Replacement is Not Always a Prerequisite for an Insured to Claim Replacement Cost Benefits
Recent Cases Have Reduced Defenses to Payment Bond Claims
Jacob E. Roussel | Breazeale Sachse & Wilson LLP | March 11, 2018 It goes without saying that contracts are essential in the construction industry. They govern the relationships between all parties involved on a project, including the owner, the general contractor, subcontractors, and suppliers. In resolving disputes, courts often state the principal that a… Continue reading Recent Cases Have Reduced Defenses to Payment Bond Claims
What is Toxic Mold Litigation?
Vik Nagpal | Bremer Whyte Brown & O’Meara LLP To understand what Toxic Mold Litigation is, it is important to first identify and understand what toxic mold is. Mold is a fungus which is essentially everywhere, and certain types of mold, known as toxic mold, may cause severe personal injuries and/or property damage. Toxic mold refers to… Continue reading What is Toxic Mold Litigation?