Category: Insurance Claims

Overlooked Obtaining an Additional Insured Endorsement? You Might be Saved by the Automatic Additional Insured Endorsement – or Might Not.

Richard Dyer – October 18, 2013 Many CGL policies typically include an endorsement that contains a clause providing for automatic additional insured status without a project specific schedule listing names of additional insureds.  (See, for example, form CG 2033 0704, “Additional Insured-Owners, Lessees or Contractors – Automatic Status When Required in Construction Agreement With You”). … Continue reading Overlooked Obtaining an Additional Insured Endorsement? You Might be Saved by the Automatic Additional Insured Endorsement – or Might Not.

Lenders and Post-Foreclosure Purchasers Have Standing to Make Construction Defect Claims for After-Discovered Conditions

Buck Mann – Higgins, Hopkins, McLain & Roswell – August 8, 2013 The Colorado Court of Appeals has decided a case which answers a question long in need of an answer: do banks/lenders have standing to assert construction defect claims when they receive title to a newly-constructed home following a foreclosure sale or deed-in-lieu of… Continue reading Lenders and Post-Foreclosure Purchasers Have Standing to Make Construction Defect Claims for After-Discovered Conditions

Colorado State Legislature and Governor Hickenlooper Stop Insurers from Shortening the Statute of Limitations on Unsuspecting Policyholders

David Furtado – October 22, 2013 On May 10, 2013, Governor Hickenlooper ended the ability of insurers to shorten the statute of limitations through provisions in contracts with their policyholders. The bill Governor Hickenlooper signed made changes to Colorado Revised Statute Section 10-4-110.8, now entitled Homeowner’s insurance–prohibited and required practices–estimates of replacement value–additional living expense… Continue reading Colorado State Legislature and Governor Hickenlooper Stop Insurers from Shortening the Statute of Limitations on Unsuspecting Policyholders

Calif. Court Limits Bad Faith Claims Against Insurers

Bibeka Shrestha, Law360 – October 8, 2013 A California appeals court on Monday limited insurers’ exposure to bad faith claims by holding that carriers are not required to proactively settle a claim just because it’s clear that the stakes are higher than what their policy offers in coverage. The published ruling marks a victory for… Continue reading Calif. Court Limits Bad Faith Claims Against Insurers

Shift in Minnesota’s Law on Indemnification in Construction Contracts

Laura N. Maupin – October 10, 2013 On Aug. 1, 2013, a significant overhaul of the Minnesota statute governing indemnification and risk-shifting in construction contracts went into effect. Generally, the amendment eliminates a long-standing exception to a prohibition against risk-shifting in the construction context. However, some language in the statute leaves lingering doubt regarding the… Continue reading Shift in Minnesota’s Law on Indemnification in Construction Contracts