The Interplay Between Property Damage Caused by an Explosion and Coverage

Stephanie Poll | Property Insurance Coverage Law Blog | June 9, 2017 Insurance provisions related to explosions, like all other terms, are subject to the rules of construction applied to all insurance contracts. Typically, property damage caused by explosions is covered under the policy. However, some policies may expressly define the term “explosion” to exclude… Continue reading The Interplay Between Property Damage Caused by an Explosion and Coverage

Court Denies Insurers’ Motions for Summary Judgment Under All Risk Policies

Tred R. Everly | Insurance Law Hawaii | May 22, 2017 The federal district court found that the insurers could not escape coverage by summary judgment under their all risk policies. Eagle Harbour Condo Ass’n v. Allstate Ins. Co., 2017 U.S. Dist. LEXIS 54761 (W.D. Wash. April 10, 2017). Eagle Harbour Condominium Association sued several of… Continue reading Court Denies Insurers’ Motions for Summary Judgment Under All Risk Policies

Insurers Cannot Rely on Rescission if They Fail to Inquire and Investigate Insureds Before Claims

Kevin Pollack | Property Insurance Coverage Law Blog | June 6, 2017 After a claim is made, and despite the obligation to objectively, fairly, and reasonably investigate a claim with an eye toward providing coverage and without putting the insurance company’s interests ahead of their insured’s, some insurers actively look for ways to deny coverage. One of… Continue reading Insurers Cannot Rely on Rescission if They Fail to Inquire and Investigate Insureds Before Claims

Judge Denies Insurer’s Motion to Bifurcate Coverage and Bad Faith

Erin Dunnavant | Property Insurance Coverage Law Blog | June 5, 2017 On May 25, 2017, Susan M. Bazis, United States Magistrate Judge for the District of Nebraska, denied an insurer’s Motion to Bifurcate and Stay Discovery on Plaintiff’s Bad Faith Claim.1 The underlying action is based on a loss due to a hailstorm suffered at… Continue reading Judge Denies Insurer’s Motion to Bifurcate Coverage and Bad Faith

Connecticut Appellate Court Addresses Trigger, Allocation, Exclusions, and Other Issues of First Impression in Coverage Litigation Over Long-Latency Asbestos Injury Cases

John C. Pitblado | PropertyCasualtyFocus | June 2, 2017 Connecticut’s intermediate appellate court addressed a number of novel issues in a wide-ranging opinion regarding primary and excess insurers’ respective duties to defend and indemnify their common insured for long-tail asbestos-related injury claims. The opinion was rendered unanimously and authored collectively by the three-judge panel of Robert… Continue reading Connecticut Appellate Court Addresses Trigger, Allocation, Exclusions, and Other Issues of First Impression in Coverage Litigation Over Long-Latency Asbestos Injury Cases