Marion Leydier, Mark F. Rosenberg and William D. Torchiana | Sullivan & Cromwell Insurance claims and coverage Third-party actions Can a third party bring a direct action against an insurer for coverage? As a general rule, such direct actions are not permitted in most states absent an unsatisfied judgment against the insured. A few states… Continue reading Snapshot: Insurance Claims and Coverage in USA
Month: February 2021
Florida Supreme Court Defines Damages Recoverable by First-Party Insureds in Actions Alleging Breach of Policy
Jeffrey Michael Cohen | PropertyCasualtyFocus In Citizens Property Insurance Corp. v. Manor House, LLC, the Florida Supreme Court recently answered “no” to the following question certified as a matter of “great public importance”: In a first-party breach of insurance contract action brought by an insured against its insurer, not involving suit under section 624.155, Florida Statutes,… Continue reading Florida Supreme Court Defines Damages Recoverable by First-Party Insureds in Actions Alleging Breach of Policy
The Altered Landscape of Mediation
Rebekah Ratliff | The CLM COVID-19 is driving change. Why some of it may be here to stay As claims professionals, we start the dispute-resolution process by adjusting losses. We consider the insurance policy contract as well as state and federal laws when making decisions on what is owed and all factors that influence settlement.… Continue reading The Altered Landscape of Mediation
Injury to Employees Endorsement Eliminates Coverage for Insured Employer
Tred R. Eyerly | Insurance Law Hawaii The court granted summary judgment to the insurer based upon an endorsement which barred coverage for injuries to employees. Northfield Ins. Co. v. Z&J Mgt. LLC, 2020 N.Y. Misc. LEXIS 10801 (N.Y. Sup. Ct. Dec. 18, 2020). Ravi Sooklal sued his employer, Z&J Management LLC (Z&J),… Continue reading Injury to Employees Endorsement Eliminates Coverage for Insured Employer
Generally, What Constitutes a Trade Secret is a Question of Fact
David Adelstein | Florida Construction Legal Updates In construction, contractors maintain competitiveness by compiling, combining, utilizing, or developing proprietary and unique systems. The systems can be from a cost standpoint (determining general conditions or general requirement costs and percentages including percentages for insurance) or can be with respect to certain construction assembly or delegated design… Continue reading Generally, What Constitutes a Trade Secret is a Question of Fact