James W. Bryan | Nexsen Pruet | September 12, 2017 Construction defect claims often include coverage disputes spiced with allegations of bad faith designed to turn up the heat on the insurer. The Fourth Circuit, in its review of one such recent North Carolina case, held while the insured prevailed on its contract claim, there… Continue reading Fourth Circuit Finds No Bad Faith for Delay in Investigating Construction Defect Claim
Category: Insurance Claims
Justices: Condo Association Can’t Reset Clock on Construction Defect Claim
Charles Toutant | New Jersey Law Journal | September 14, 2017 The New Jersey Supreme Court ruled Thursday that a condominium association can’t restart the clock on the six-year statute of limitations for construction defects after acquiring a former rental property. The justices reversed an Appellate Division ruling that found three suits filed against contractors by the Palisades at… Continue reading Justices: Condo Association Can’t Reset Clock on Construction Defect Claim
Sink or Swim – District Court Approves Removing Flood Insurance Claims to Federal Court
R. Bruce Wallace | Nexsen Pruet | September 7, 2017 As hurricane season swings into full measure, the flooding of Hurricane Harvey has ravaged Texas, and Irma’s path remains uncertain, it is time to revisit the law of flood insurance. In May of this year, Nexsen Pruet wrote about the Woodson decision from the United States Court of… Continue reading Sink or Swim – District Court Approves Removing Flood Insurance Claims to Federal Court
Assignment of Unaccrued or Contingent Benefits
Lawrence Moon | Property Insurance Coverage Law Blog | September 2, 2017 It is widely accepted that insurance policies are generally not assignable by the policyholder unless the insurance company consents to the assignment. In most states, it is also well-established that after a covered loss has occurred, the policyholder ordinarily may assign the claim… Continue reading Assignment of Unaccrued or Contingent Benefits
Insurance Co. Not Liable For Theoretical Claims, Judge Says
Rick Archer | Law 360 | August 25, 2017 A Nevada federal judge Thursday found an insurance company had no duty to defend construction companies against theoretical future claims, saying the argument stretched the duty to defend “to the breaking point.” U.S. District Judge Jennifer A. Dorsey issued a summary judgment rejecting three insurance companies’… Continue reading Insurance Co. Not Liable For Theoretical Claims, Judge Says