Can an Insurer Avoid Bad Faith by Waiting to Pay Until Court Rules the Policy Covers the Loss?

Kevin Pollack | Property Insurance Coverage Law Blog | April 20, 2017 After denying claims, insurers sometime seek to avoid bad faith liability by taking their chances that a court will rule in their favor, and then, if the court rules otherwise, immediately tendering the monies owed under the insurance policy to the insured. A… Continue reading Can an Insurer Avoid Bad Faith by Waiting to Pay Until Court Rules the Policy Covers the Loss?

Essential Property Insurance Coverage Information Withheld from Consumers

Nicole Vinson | Property Insurance Coverage Law Blog | April 23, 2017 An April 2017 report by United Policyholders reveals the state rankings of homeowner insurance protections that impact buying insurance. The research revealed that many major insurance companies and many states withhold coverage and policy provisions from consumers during the purchase. These same companies and… Continue reading Essential Property Insurance Coverage Information Withheld from Consumers

New York Court Upholds Suit Limitation Period, Ruling Appraisal is Not a Condition Precedent to Filing Suit

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

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!