Alycen A. Moss and Dakota Knehans | Property Insurance Law Observer On June 28, the Missouri Court of Appeals upheld a lower court’s decision finding Lexington Insurance Company (“Lexington”) breached its policy with homeowner Cynthia Franklin. Franklin’s home has sustained damage in a May 2016 storm for which she submitted a claim with Lexington. Lexington… Continue reading Missouri Takes A Stand On Depreciation
Category: Construction Claims
Goodbye Courtroom? Florida Citizens Wants Claims Disputes Heard by Admin Judges
William Rabb | Insurance Journal By this time next year, Citizens Property Insurance policyholders and assignees of benefits could see their claims disputes decided, not in county or circuit courts, but by administrative judges who work for a Florida state agency. The Citizens Board of Governors on Wednesday voted to move ahead with a policy… Continue reading Goodbye Courtroom? Florida Citizens Wants Claims Disputes Heard by Admin Judges
You Can’t Treat Construction Claims Like Your Grandkids
Matthew DeVries | Best Practices Construction Law I have seven children. and two of them have flown the coop. I also have two grandchildren who are ripe for spoiling. You see, grandchildren are a different type of kid, which means I get to treat them different than the kiddos living under my roof. In construction, however,… Continue reading You Can’t Treat Construction Claims Like Your Grandkids
No Duty to Defend Construction Defect Claims
Tred R. Eyerly | Insurance Law Hawaii The court determined the insurer had no duty to defend construction defect claims asserted against the insured. Pa. Nat’l Mut. Cas. Ins. Co. v. River City Roofing, 2022 U.S. Dist. LEXIS 38226 (E.D. Va. March 3, 2022). Branch Builds, Inc, was the general contractor for… Continue reading No Duty to Defend Construction Defect Claims
No Coverage for Claim Deemed Made After Policy Expired When Insured First Received Actual Notice of Lawsuit
Elizabeth Jewell | Wiley Rein The United States District Court for the Northern District of Illinois, applying Illinois law, has held that a claim was deemed first made when the insured received actual, rather than constructive notice of the claim. Philadelphia Indem. Ins. Co. v. Lewis Produce Mkt No. 2, 2022 WL 1045640 (N.D. Ill. Apr.… Continue reading No Coverage for Claim Deemed Made After Policy Expired When Insured First Received Actual Notice of Lawsuit