Heidi Hudson Raschke | PropertyCasualtyFocus | April 21, 2017 Courts will generally uphold reasonable suit limitation periods in property insurance policies, if the insurer does not affirmatively waive or extend them. In MZM Real Estate Corp. v. Tower Ins. Co. of New York, No. 452741/2015 (N.Y. Sup. Ct. April 11, 2017), a New York court… Continue reading New York Court Upholds Suit Limitation Period, Ruling Appraisal is Not a Condition Precedent to Filing Suit
Category: Insurance Coverage
Question of Insurer’s Duty Hinges on Dictionary Definition
Samantha Joseph | Daily Business Review | April 7, 2017 A dispute before the Florida Supreme Court looks like it could play by the book, specifically Black’s Law Dictionary. At the heart of the case is a question on whether insurers have a duty to intervene on a client’s behalf during pre-litigation efforts involving construction… Continue reading Question of Insurer’s Duty Hinges on Dictionary Definition
Agree to use Your “Professional Best” ? You may Lose Insurance Coverage!
Melissa Dewey Brumback | Construction Law in North Carolina | February 24, 2017 Yesterday, I was part of a panel at the NC Bar Association Construction Law Winter Meeting, discussing insurance issues for design professionals. One topic we touched on was how to avoid invalidating your insurance. As most of you know, Errors & Omissions insurance… Continue reading Agree to use Your “Professional Best” ? You may Lose Insurance Coverage!
“Professional Best Efforts” Part 2– Reservation of Rights for Engineers who Agree to “Best” Efforts?
Melissa Dewey Brumback | Construction Law in North Carolina | April 13, 2017 Recently, a reader reached out to me to ask about case examples of an engineer losing his insurance coverage because he agreed to a “heightened” or “best” standard of care. The reader stated that he was an insurance adviser who handled various construction professional… Continue reading “Professional Best Efforts” Part 2– Reservation of Rights for Engineers who Agree to “Best” Efforts?
Dear Engineer: Has your Insurer Issued a “Reservation of Rights” Letter?
Melissa Dewey Brumback | Construction Law in North Carolina | April 17, 2017 In my previous post, I made reference to getting a “Reservation of Rights” letter. I noted that the carrier may decide to defend you under a Reservation of Rights (i.e., hire your lawyer) but may not, necessarily, accept the responsibility for paying the claim. … Continue reading Dear Engineer: Has your Insurer Issued a “Reservation of Rights” Letter?