Chip Merlin | Property Insurance Coverage Law Blog | September 18, 2019 Judges should be aware of the extreme and aberrant arguments being made by a few insurance company lawyers about physical damage requiring damage to be “functional” damage. These lawyers argue that property insurance policies contemplate this “functional damage” requirement. This first American flag… Continue reading Insurance Company Lawyers Argue Physical Damage Requires Functional Damage—Can This Be True?
Larry P. Schiffer | Squire Patton Boggs | September 16, 2019 Manufacturers often face multiple lawsuits when their products fail to perform as expected. Sometimes, the cause of the product’s failure is the faulty workmanship of a component manufacturer. When that is the case, the product manufacturer will seek damages from the component manufacturer for… Continue reading Is Faulty Workmanship an “Occurrence” Under a CGL Policy?
Michael V. Pepe | SDV Insights | July 23, 2019 On June 24, 2019, the Colorado Supreme Court ruled that the plain language of appraisal provisions in insurance policies, requiring “impartial appraisers,” direct appraisers to be “unbiased, disinterested, and unswayed by personal interest,” regardless of who hires them, and prohibits the party-appointed appraisers from acting… Continue reading Colorado Supreme Court Decision Could Tarnish Appraisal Process for Policyholders
Jason Lambert | Construction Executive | June 23, 2019 With most construction projects involving dozens, if not hundreds, of companies and individuals, it is no surprise that conflicts arise that are not always able to be resolved on the jobsite. But these conflicts need not always reach the court room or cost thousands (or much… Continue reading Techniques for Resolving Construction Disputes
Christina Phillips | Property Insurance Coverage Law Blog | September 20, 2019 It can be difficult after a fire for an insured to remember with 100% certainty what personal property they had in their home. Most likely, receipts and other purchase records have also been destroyed. As such, public adjusters in preparing estimates and/or proofs… Continue reading Can Misrepresentations In a Proof of Loss Void Coverage?