Shawn Marker | Property Insurance Coverage Law Blog | February 2, 2015 As a follow up to my two earlier posts on this topic, Water Damage Occurring Over Several Year Period Can Be “Occurrence” Covered Under Insurance Policy—Parts 1 and 2, Chubb had filed a motion for rehearing with the 7th Circuit Court of Appeals that had… Continue reading Water Damage Occurring Over Several Year Period Can Be “Occurrence” Covered Under Insurance Policy–Part 3
Category: Insurance Claims
Depreciation of Labor When Calculating Actual Cash Value: The Great Divide
Whether labor costs can be depreciated when determining the actual cash value of a covered loss is an issue that comes up frequently for policyholders and those who represent them. I recently researched the issue and was surprised to find the paucity of case decisions across the country that touch on the subject. I know… Continue reading Depreciation of Labor When Calculating Actual Cash Value: The Great Divide
Suing for Bad Faith gets a Little Easier in Florida
Robert D. Helfand | Carlton Fields Jorden Burt | December 22, 2014 In a ruling that claims merely to clarify a 14-year-old case from the Florida Supreme Court, an appellate court recently held that an insurer may be liable to a statutory claim for bad faith failure to settle, based only on an unfavorable resolution… Continue reading Suing for Bad Faith gets a Little Easier in Florida
A Loss That Continued for Sixteen Years is Allowed to Proceed
Brandee Bower | Property Insurance Coverage Law Blog | January 9, 2015 In Strauss v. Chubb Indemnity Insurance Company,1 the 7th Circuit Court of Appeals found a loss in Wisconsin that continued for sixteen years could proceed pursuant to the “continuous trigger theory” and was not time-barred. The plaintiffs constructed a home in Wisconsin in 1994… Continue reading A Loss That Continued for Sixteen Years is Allowed to Proceed
Insurer Has Duty to Defend Additional Insured in Construction Defect Case
Tred Eyerly | Insurance Law Hawaii | December 29, 2015 The court denied the insurer’s motion for summary judgment, holding that the insurer had a duty to defend the additional insured against claims for construction defects. Centex Homes v. Lexington Ins. Co., 2014 U.S. Dist. LEXIS 164472 (C.D. Cal. Nov. 24, 2014). Centex contracted with Gateway… Continue reading Insurer Has Duty to Defend Additional Insured in Construction Defect Case