Tred R. Eyerly | Insurance Law Hawaii | February 14, 2018 One insurer’s refusal to defend based upon its “other insurance” provision ultimately meant the insurer had to pay all of the insured’s defense costs. Steadfast Ins. Co. v. Greenwich Ins. Co., 2018 Wis. App. LEXIS 51 (Wis. Ct. App. Jan. 17, 2018). Milwaukee Metropolitan Sewerage… Continue reading Misread of Other Insurance Clause Becomes Costly for Insurer
Category: Insurance Claims
Bad Faith by Insured Should Have Resulted in Sanctions but Only Resulted in Loss
Barry Zalma | Zalma on Insurance | January 29, 2018 Waiting More than a Year After Default is Always Prejudicial When an insured delayed notifying his insurer of his need for coverage was both unexcused and unreasonable. When the action was commenced against the insured in 2010, a reasonably prudent person would have understood that… Continue reading Bad Faith by Insured Should Have Resulted in Sanctions but Only Resulted in Loss
Can Your Insurance Company Change Its Position Regarding Coverage For Your Claim?
Lawrence Moon | Property Insurance Coverage Law Blog | February 17, 2018 Answer: It depends, on several factors, such as: The applicable state law, the insurance company’s prior position, or positions (e.g., did it accept or deny coverage?), how it expressed that position, or positions (e.g., did it accept coverage under a reservation of rights,… Continue reading Can Your Insurance Company Change Its Position Regarding Coverage For Your Claim?
CA Supreme Court Clarifies Scope of Right to Repair Act
Kevin Meade and Scott Halberstadt | The Amin Law Group | February 1, 2018 After a long wait, the California Supreme Court issued its opinion in McMillin Albany, LLC v. Superior Court regarding the application and interpretation of California’s Right to Repair Act (the comprehensive statutory scheme for construction defect claims for newly built residences;… Continue reading CA Supreme Court Clarifies Scope of Right to Repair Act
CA Supreme Court: Right to Repair Act (SB 800) is the Exclusive Remedy for Residential Construction Defect Claims – So Now What?
Steven M. Cvitanovic | Haight Brown & Bonesteel | January 25, 2018 A torrent of alerts have been flooding e-mail inboxes regarding the California Supreme Court’s decision in McMillin v. Superior Court, to reverse the Liberty Mutual Insurance Company v. Brookfield Crystal Cove LLC (2013) case, but with little discussion about the practical effects of the ruling.This alert will… Continue reading CA Supreme Court: Right to Repair Act (SB 800) is the Exclusive Remedy for Residential Construction Defect Claims – So Now What?