Andrea Cortland – March 12, 2013 On February 15, 2013 a Pennsylvania federal district court held that the shipment of defective drywall from China to the United States constituted one “occurrence” for purposes of insurance coverage, and the occurrence took place when the damage caused by the drywall manifested itself in the residences or buildings… Continue reading Pennsylvania Makes Its Mark On National Chinese Drywall Coverage Dispute With “One Occurrence” Decision
Category: Insurance Claims
Changes to New Jersey Unfair Claims Settlement Practices Act Would Rewrite Bad Faith Law to Deter Insurer Misconduct
Andrew S. Zimmerman and Lynda A. Bennett – March 8, 2013 Ostensibly responding to Superstorm Sandy, the New Jersey legislature is considering a broad change to the law addressing bad faith and unfair conduct by insurers. If the bill becomes law, it will represent a significant and policyholder-friendly change in the law governing insurer conduct.… Continue reading Changes to New Jersey Unfair Claims Settlement Practices Act Would Rewrite Bad Faith Law to Deter Insurer Misconduct
Bad Faith Insurance Claims
What is a Bad Faith Insurance Claim? When you sign up for an insurance policy for your home, car or even health insurance, you enter an agreement with an insurance company that it will pay certain benefits should an accident or disaster occur. You faithfully pay your premiums on time every month, fully expecting that… Continue reading Bad Faith Insurance Claims
What Constitutes a Total Loss in Montana?
Kenneth Kan – March 5, 2013 Last week, I wrote about the standard used in determining a total loss in Washington. This week, I focus on Montana, Washington’s neighbor to the east. Montana has a “valued policy” statute similar to that of about 20 other states. The statute provides: “Whenever any policy of insurance shall… Continue reading What Constitutes a Total Loss in Montana?
Update on Coverage for Colorado Construction Defects – TCD & Colorado Pool
Christopher R. Mosley, Katherine Dawson Varholak, Jerome H. Sturhahn, Brooke Yates and Melissa Kerin Reagan – February 25, 2013 Over the past few years, we have monitored the efforts of some in the insurance industry to deny coverage for construction defect claims brought by construction professionals. These insurers’ assault on construction professionals began with the… Continue reading Update on Coverage for Colorado Construction Defects – TCD & Colorado Pool