Failure to Allege Property Damage Within Policy Period Defeats Insured’s Claim

Tred R. Eyerly | Insurance Law Hawaii     The insured’s inability to determine when water damage occurred meant it could not pursue claims of property damage against the insurers. Creek v. State Farm Fire & Cas. Co., 2022 U.S. Dist. LEXIS 116939 (W.D. Wash. July 1, 2022).      Gold Creek Condominium complex experienced water… Continue reading Failure to Allege Property Damage Within Policy Period Defeats Insured’s Claim

Is the Event you are Claiming as Unforeseeable Delay Really Unforeseeable?

David Adelstein | Florida Construction Legal Updates Is the item or event you are claiming as an unforeseeable, excusable delay really unforeseeable?  This is not a trick question. Just because your construction contract identifies items or events that constitute unforeseeable, excusable delay does not mean those items can be used as a blanket excuse or crutch for… Continue reading Is the Event you are Claiming as Unforeseeable Delay Really Unforeseeable?

Contractors Should be Aware of Homeowner Duties When Invited to Perform Residential Work

Joshua Lane | Ahlers Cressman & Sleight Division 2 of the Court of Appeals[1] recently addressed a property owner’s liability to a contractor who is injured performing work on their property. The action arose from an incident in which Virgil Mihaila, a remodeling contractor, fell from a ladder while installing a new roof on the Troths’… Continue reading Contractors Should be Aware of Homeowner Duties When Invited to Perform Residential Work

Washington Supreme Court Strikes Down A “Claims-Made” Policy Issued To A Contractor On Public Policy Grounds

Scott Seaman | Insights for Insurers Traditionally, general liability insurance contracts were “occurrence-based” contracts. Claims-made insurance contracts have been available for many years, most notably in the context of professional liability insurance. Beginning in the mid-1980s, claims-made contracts were introduced into the general liability insurance market in response to court rulings on the trigger of… Continue reading Washington Supreme Court Strikes Down A “Claims-Made” Policy Issued To A Contractor On Public Policy Grounds

It’s Time for Property Insurance Carriers to Re-Adjust in Louisiana

Taylo Brett | Adams and Reese After Louisiana citizens endured two consecutive prolific hurricane seasons in 2020 and 2021, state lawmakers made the adjustment of property insurance claims a top priority during this year’s Regular Legislative Session.  On August 1, 2022, two new bills concerning claims adjusters went into effect:  Senate Bill 198 and Senate… Continue reading It’s Time for Property Insurance Carriers to Re-Adjust in Louisiana