Water Loss Claim Denied? Don’t Take “No” For An Answer

Chip Merlin | Property Insurance Coverage Law Blog | November 9, 2019 Water loss claim denials happen a lot more frequently than when I started in the business over 30 years ago. There are many reasons for this, including companies changing their policies so that while they advertise the illusion of policyholders having the peace… Continue reading Water Loss Claim Denied? Don’t Take “No” For An Answer

Eight Ways to Protect a Construction Company Before a Claim Is Filed

Mary Bacon | Construction Executive | September 10, 2019 Claims are inevitable in the construction industry. They can take on a life of their own and come with the burden of legal fees, wasted executive time and a possible judgment. Too often the only winners are the lawyers.  TIPS FOR PROTECTING MANAGEMENT AND THE BUSINESS… Continue reading Eight Ways to Protect a Construction Company Before a Claim Is Filed

Claims Made Insurance Policies

David Adelstein | Florida Construction Legal Updates | August 11, 2019 “Claims-made policies are common in the professional liability insurance market. They “differ from traditional ‘occurrence’-based policies primarily based upon the scope of the risk against which they insure.” With claims-made policies, coverage is provided only where the act giving rise to coverage “is discovered and brought… Continue reading Claims Made Insurance Policies

Does the Implied Covenant of Good Faith and Fair Dealing Impose a Broad Duty on Insurers to Act “Reasonably” or “Properly” in Handling Claims?

Christina Phillips | Property Insurance Coverage Law Blog | October 30, 2019 The United States District Court for the District of Minnesota in Selective Insurance Company of South Carolina v. Sela,1 recently addressed whether the implied covenant of good faith includes a broader obligation to act “reasonably” and “properly” in making a decision about whether to pay… Continue reading Does the Implied Covenant of Good Faith and Fair Dealing Impose a Broad Duty on Insurers to Act “Reasonably” or “Properly” in Handling Claims?

To Claim Damages For Repair Costs Or Not? Beware The Economic Waste Doctrine

J. Curtis Greene | Barnes & Thornburg | October 22, 2019 When claiming damages for construction defects, the doctrine of economic waste is often forgotten or ignored, even among sophisticated parties and counsel, potentially at great cost. Unwary parties to a dispute typically jump to – and focus significant time, money and energy on –… Continue reading To Claim Damages For Repair Costs Or Not? Beware The Economic Waste Doctrine