J. Curtis Greene | Barnes & Thornburg | October 22, 2019 When claiming damages for construction defects, the doctrine of economic waste is often forgotten or ignored, even among sophisticated parties and counsel, potentially at great cost. Unwary parties to a dispute typically jump to – and focus significant time, money and energy on –… Continue reading To Claim Damages For Repair Costs Or Not? Beware The Economic Waste Doctrine
Category: Insurance Claims
Court Holds Documents Created by Counsel During Claims Handling Were Not Privileged
Jason Cieri | Property Insurance Coverage Law Blog | October 16, 2019 We’ve all seen it before. The insured files a claim, the insurance company sends out an adjuster to adjust the loss, the loss is more complex, or a situation arises that the adjuster cannot handle so the insurance company forwards the claim to… Continue reading Court Holds Documents Created by Counsel During Claims Handling Were Not Privileged
Are My Children and Their Spouses Required to Submit to an Examination Under Oath for My Property Damage Claim?
Paul LaSalle | Property Insurance Coverage Law Blog | October 13, 2019 In a recent case, a federal appeals court held that named insureds’ son and daughter-in-law were required to submit to an examination under oath (“EUO”) because they resided in the insureds’ house, and that their failure to do so precluded recovery on the… Continue reading Are My Children and Their Spouses Required to Submit to an Examination Under Oath for My Property Damage Claim?
Adjusting to Public Adjusters: Avoiding Claim Denials
Gene A. Weisberg | Gladstone Weisberg | September 25, 2019 Innocent policyholders can find their claims denied if their public adjuster commits fraud on a claim. Courts routinely hold that a public adjuster’s fraud is the policyholder’s fraud, even when done without the policyholder’s knowledge. When a public adjuster or lawyer takes over the claim… Continue reading Adjusting to Public Adjusters: Avoiding Claim Denials
PA Superior Court Provides Clarification on Definition of CGL “Occurrence” When Property Damage Is Caused by Faulty Building Conditions
Anthony L. Miscioscia and Konrad R. Krebs | White and Williams | July 25, 2019 The standard for an “occurrence” under a commercial general liability (CGL) insurance policy has been addressed on several occasions by Pennsylvania courts when an insured has allegedly performed faulty workmanship on a construction project. Specifically, in Pennsylvania, a claim for… Continue reading PA Superior Court Provides Clarification on Definition of CGL “Occurrence” When Property Damage Is Caused by Faulty Building Conditions