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
Category: Insurance Claims
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
Calculating Actual Cash Value, Part 29: Oregon
Shane Smith | Property Insurance Coverage Law Blog | August 25, 2017 This week, Oregon made national news as one of the best locations to view the Great American Eclipse. I realized I had not yet covered Oregon in my series on calculating actual cash value, leading to today’s blog. In Growers Refrigerating Co. v. American Motorists… Continue reading Calculating Actual Cash Value, Part 29: Oregon