Daniel B. Greenstein | Bernick Lifson | September 28, 2017 A new law attempts to slow construction defect litigation. You have likely heard about the Minnesota Common Interest Ownership Act (MCIOA) amendmentsfor some time — legislation, H.F. 1538, which was recently signed into law by Governor Dayton. These changes add language to the MCIOA concerning… Continue reading MCIOA Amendments Change Construct Defect Claims Process
Category: Insurance Claims
Insurer’s Declaratory Judgment Action After Denial May Be Untimely
Christina Phillips | Property Insurance Coverage Law Blog | October 3, 2017 Often, we will receive a telephone call from an insured advising us they have been sued by the insurance company. The insurer has filed a lawsuit seeking a declaration that their denial of the insured’s claim was appropriate. But is it appropriate for… Continue reading Insurer’s Declaratory Judgment Action After Denial May Be Untimely
Connecticut Notice of Claim Requirements
Jennifer Van Voorhis | Property Insurance Coverage Law Blog | September 30, 2017 Contrary to most New York policies which require notice to be given “promptly”, Connecticut policies tend to require notice “as soon as practical.” Prior to the Second Circuit Court of Appeals ruling in Arrowood Indemnity Co. v. King,1Connecticut law held that an insurer… Continue reading Connecticut Notice of Claim Requirements
Insurance Coverage for Construction Defect Claims
Gabrielle T. Kelly | Brouse McDowell | September 22, 2017 Good news for businesses in the construction industry: South Dakota has become the latest jurisdiction to hold that construction defect claims are covered by commercial general liability (CGL) policies. In Owners Insurance Company v. Tibke Construction, Inc., et al., the South Dakota Supreme Court held that… Continue reading Insurance Coverage for Construction Defect Claims
Fourth Circuit Finds No Bad Faith for Delay in Investigating Construction Defect Claim
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