Michael V. Pepe | SDV Insights In Berkley Assurance Company v. Hunt Construction Group, Inc., 465 F.Supp.3d 370 (S.D.N.Y., 2020), professional liability insurer Berkley sued its insured, Hunt, a construction management firm, seeking a declaration that it did not owe Hunt a duty to defend and indemnify against breach of contract claims. The United States District… Continue reading “Multiple Claims” Provisions on Contractor’s Professional Liability Policy Creates a Trap for Policyholders
Category: Property Insurance Claims
California Court Rules Jury Must Resolve Dispute Between Homeowner and Subcontractor Insurer Over When Claim Occurred
Blake Robinson | Davis Wright Tremaine The California Court of Appeal recently reversed a trial court’s dismissal of a lawsuit, concluding that because there was a dispute over when a homeowner’s claim “occurred” for purposes of an insurance policy, that dispute must be resolved by a jury. Case Background Guastello v. AIG Specialty Insurance Co.1 involved… Continue reading California Court Rules Jury Must Resolve Dispute Between Homeowner and Subcontractor Insurer Over When Claim Occurred
Witnesses, Add to Your ‘Truthiness’ by Showing Pictures
Dr. Ken Broda-Bahm | Holland & Hart The idea is a merger of pop culture with academics. In pop culture, “truthiness” refers facetiously to the feeling of something being true, independent of its actual truth value (a term coined by late-night comedian, Stephen Colbert). Academics, however, have creatively adopted the term to describe the real phenomenon that… Continue reading Witnesses, Add to Your ‘Truthiness’ by Showing Pictures
Florida Senate Passes Legislation to Reform Litigation for Property Insurance Claims
Matthew Lewis | PropertyCasualtyFocus Toward the end of the 2021 Florida legislative session, the Florida Senate passed Senate Bill 76, a bill that focuses on reducing litigation related to property insurance claims and also places restrictions on companies soliciting insureds to file roof claims. At the heart of SB 76 is the implementation of a presuit… Continue reading Florida Senate Passes Legislation to Reform Litigation for Property Insurance Claims
No Coverage for Home Damaged by Falling Boulders
Tred R. Eyerly | Insurance Law Hawaii The policy’s earth movement exclusion barred coverage for the home damaged by large boulders rolling down from the hillside above. Sullivan v. Nationwide Affinity Ins. Co. of Am., 2021 U.S. App. LEZXIS 628 (10th Cir Jan. 11, 2021). Plaintiffs’ home sustained extensive damage when two… Continue reading No Coverage for Home Damaged by Falling Boulders