Tred R. Eyerly | Insurance Law Hawaii The policy’s earth movement exclusion barred coverage for the home damaged by large boulders rolling down from the hillside above. Sullivan v. Nationwide Affinity Ins. Co. of Am., 2021 U.S. App. LEZXIS 628 (10th Cir Jan. 11, 2021). Plaintiffs’ home sustained extensive damage when two… Continue reading No Coverage for Home Damaged by Falling Boulders
Category: Insurance Claims
Snapshot: Insurance Claims and Coverage in USA
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
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
You Can’t Always Get What You Want – “Economic Waste” in Construction Defect Claims
Michael L. Meyer | Taft The Rolling Stones’ Mick Jagger famously sang, “You can’t always get what you want, but if you try sometime, you’ll find you get what you need.” Jagger wasn’t singing about damages in construction defect litigation. But his message rings true, especially when the cost to repair a defect is high… Continue reading You Can’t Always Get What You Want – “Economic Waste” in Construction Defect Claims
Improving Recovery on Delay and Impact Claims Using American Society of Civil Engineers’ Standard
Jason Ebe | Snell & Willmer 2020 is now behind us, and we have reason for a positive outlook for 2021. However, delays and impacts due to COVID-19 and other factors in 2020 will likely continue into 2021, and claims and disputes over relief will likely increase in 2021. A persuasive claim analysis and presentation… Continue reading Improving Recovery on Delay and Impact Claims Using American Society of Civil Engineers’ Standard