Coverage Confusion: When Your Insurance Broker Gets It Wrong

Bethany Foster | Higgins, Hopkins, McLain & Roswell In the intricate world of construction, builders often rely heavily on insurance brokers to secure appropriate insurance coverage, and trust that they will be protected against unforeseen liabilities.  However, a recent Colorado district court decision serves as a stark reminder of the perils associated with such reliance,… Continue reading Coverage Confusion: When Your Insurance Broker Gets It Wrong

Insured’s Count for Bad Faith Stripped from Claim

Tred R. Eyerly | Insurance Law Hawaii     The insurer’s motion for partial summary judgment challenging the insured’s bad faith claim was successful. Baker v. Allstate Index. Co., 2024 U,.S. Dist. LEXIS 227802 (N.D. Miss. Dec. 17, 2024).      Teresa Baker alleged that the roof of her rental property sustained wind and rain damage during… Continue reading Insured’s Count for Bad Faith Stripped from Claim

Conditions to Coverage May Be More Conditional Than You Thought

Max J. Louik and Alexa L. Austin | The Policyholder Perspective Conditions Precedent to Coverage Insurance policies typically are subject to certain conditions precedent to coverage. As the name suggests, conditions precedent to coverage are obligations placed on the insured that, in the normal case, must be complied with in order for coverage to attach.  Take… Continue reading Conditions to Coverage May Be More Conditional Than You Thought

Jackson v. Spinnaker: Court Rules a Thorough Investigation is Just Good Business, Not Bad Faith

Ashley Eldridge | Property Insurance Law Observer In Jackson v. Spinnaker Insurance Company, the United States District Court for the Western District of Pennsylvania considered a homeowners insurance coverage dispute, ultimately finding that questions of residency and alleged fraudulent misrepresentations precluded summary judgment. However, the court granted summary judgment in favor of the insurer on the… Continue reading Jackson v. Spinnaker: Court Rules a Thorough Investigation is Just Good Business, Not Bad Faith

Where There’s Smoke, Is There Coverage? A Closer Look at Bottega, LLC v. National Surety and Gharibian v. Wawanesa

Rachel E. Hudgins and Scott P. DeVries | Hunton Insurance Recovery Blog For policyholders, insurance is meant to provide peace of mind—a promise that when disaster strikes, they’ll have financial support to rebuild and recover. But as two recent cases show, the question of what qualifies as covered “direct physical loss or damage” can lead… Continue reading Where There’s Smoke, Is There Coverage? A Closer Look at Bottega, LLC v. National Surety and Gharibian v. Wawanesa