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
Category: Insurance 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
Construction Defect Claims Not Covered
Tred R. Eyerly | Insurance Law Hawaii The court found that the insured’s negligent acts causing damage to only the structure of the home it built were not covered under the CGL policy. Westfield Ins. Co. v. Zaremba Builders II LLC, 2022 U.S. Dist. LEXIS 36189 (N.D. Ill. March 2, 2022). Zaremba… Continue reading Construction Defect Claims Not Covered
Why Killing Mold is not Enough for an Insurance Claim
Michael A. Pinto and Jacob Kooistra | Property Casualty 360 The documents that comprise the current standard of care uniformly emphasize physical removal as the primary means of mold remediation. Claims adjusters and managers recognize that most home and business policies have caps on the amount paid out to deal with mold remediation. In the… Continue reading Why Killing Mold is not Enough for an Insurance Claim
Ninth Circuit Finds that “Subsidence Exclusion” Bars Coverage for Landslide Loss
Dina R. Richman | Property Insurance Law Observer The Ninth Circuit Court of Appeals recently issued an unpublished opinion in Atain Specialty Insurance Company v. JKT Associates, Inc., Case No. 20-16366 (9th Cir., March 11, 2022), finding that a liability policy’s “Subsidence Exclusion” barred coverage for a lawsuit arising out of a landslide. In Atain, the insured… Continue reading Ninth Circuit Finds that “Subsidence Exclusion” Bars Coverage for Landslide Loss