John Koch | Flaster Greenberg When determining whether insurance coverage exists for a claim, a crucial consideration is whether the claim involves an event or occurrence that took place in a state other than where the relevant policy was delivered. This is often the case for large companies with national operations or markets. When this… Continue reading The Impact of Conflict of Law on Insurance Claims
Category: Insurance Claims
Beyond Inverse Condemnation in Wildfire Litigation: An Oregon Jury Finds Utility Liable for Negligence, Trespass and Nuisance
Marisa Miller, John Yacoelle and Kazim Naqvi | Construction & Infrastructure Law Blog On June 10, 2023, a jury in Portland, Oregon found PacifiCorp and Pacific Power (collectively, “PacifiCorp”) liable for negligence, trespass, and nuisance based on a series of four wildfires that occurred during Labor Day weekend in 2020. PacifiCorp prevailed against the plaintiffs… Continue reading Beyond Inverse Condemnation in Wildfire Litigation: An Oregon Jury Finds Utility Liable for Negligence, Trespass and Nuisance
Giving Insurance Carrier Prompt Notice of Claim to Avoid “Untimely Notice” Defense
David Adelstein | Florida Construction Legal Updates When it comes to giving your insurance carrier notice of claim, I am an advocate of providing that notice as soon as possible, i.e., prompt notice. The reason is to take away the carrier’s argument to deny coverage because you, as the insured, failed to provide it with prompt… Continue reading Giving Insurance Carrier Prompt Notice of Claim to Avoid “Untimely Notice” Defense
Fla. Regulator Approves Roof Endorsements that Could Bar Non-Storm Claims
William Rabb | Claims Journal Despite the Florida Legislature taking major steps to rein in the cost of roof claims and litigation, at least two insurers have come out with broad roof endorsements that seek to bar claims for wear and tear, poor workmanship and design issues – except for damage caused by named storms.… Continue reading Fla. Regulator Approves Roof Endorsements that Could Bar Non-Storm Claims
A Recent Oregon Court of Appeals Decision Bears on Insurance Coverage for Repair of Construction Defects
Laurie Hager | Snell & Wilmer In a February 15, 2023 decision in Twigg v. Admiral Insurance Company, the Oregon Court of Appeals held that an insurance company was not required to indemnify its insured based on a claim for breach of a repair agreement that settled underlying construction defect claims. As background, the Twiggs hired… Continue reading A Recent Oregon Court of Appeals Decision Bears on Insurance Coverage for Repair of Construction Defects