Geoffrey B. Fehling and Andrew S. Koelz | Hunton Insurancey Recovery Blog We recently posted about Nevada becoming the first state to prohibit defense-within-limits provisions in liability insurance policies. Defense-within-limits provisions—resulting in what is called “eroding” or “wasting” policies—reduce the policy’s applicable limit of insurance by amounts the insurer pays to defend the policyholder against a claim… Continue reading Nevada’s Changing Liability Insurance Landscape—State Insurance Regulator Issues Emergency Regulation and Guidance Addressing Controversial “Defense-Within-Limits” Legislation
Category: Insurance Coverage
6th Circuit Declines To Resolve PFAS Coverage Dispute
Clayton Smith | Taft Stettinius & Hollister In June 2023, the U.S. Circuit Court for the Sixth Circuit declined to resolve a unique PFAS state-law issue in Admiral Insurance Co. v. Fire-Dex LLC when it rejected an insurer’s attempt to avoid coverage for per- and polyfluoroalkyl (PFAS) lawsuits and found that the U.S. District Court properly declined… Continue reading 6th Circuit Declines To Resolve PFAS Coverage Dispute
First Circuit Confirms That Late Notice Bars Coverage Under Claims-Made-And-Reported Policy
Joseph W. Gross | Wiley Rein The United States Court of Appeals for the First Circuit, applying Massachusetts law, affirmed the United States District Court for the District of Massachusetts’s holding that a university’s late-noticed claim was not covered under a claims-made-and-reported insurance policy. President & Fellows of Harvard Coll. v. Zurich Am. Ins. Co., 2023 WL 5089317 (1st… Continue reading First Circuit Confirms That Late Notice Bars Coverage Under Claims-Made-And-Reported Policy
Heads I Win, Tails You Lose: Washington Supreme Court Rejects Insurers’ Efforts To Sell Illusory Insurance Coverage
William C. Miller and Robert L. Wallan | Pillsbury Winthrop Shaw Pittman Courts don’t look kindly upon insurance company shell games. In Preferred Contractors Ins. Co. v. Baker & Son Construction, the Washington Supreme Court slapped down an insurer’s attempt to manipulate the type of general liability “trigger” it wrote to sell coverage that was illusory.… Continue reading Heads I Win, Tails You Lose: Washington Supreme Court Rejects Insurers’ Efforts To Sell Illusory Insurance Coverage
Construction Litigation Roundup: “This Is a Simple, Straightforward Insurance Dispute.”
Daniel Lund III | Phelps Dunbar When the judge’s opinion starts out that way, you know one side in the case is about to take it on the chin. A contractor’s builder’s risk insurer with a policy covering a warehouse renovation project in Beaumont, Texas, was asked to cover damages caused to the building by… Continue reading Construction Litigation Roundup: “This Is a Simple, Straightforward Insurance Dispute.”