Christopher Barbarisi | Construction Executive | February 21, 2017 Design-builders, general contractors and “at risk” construction managers are all vulnerable to the risk of a subcontractor default. Aside from contract-related safeguards, such as increased retention, joint checks and letters of credit, subcontractor surety bonds have been the traditional mechanism for third-party risk transfer. First introduced in the mid-1990s, subcontractor default… Continue reading Techniques to Maximize SDI Coverage and Streamline the Claim Process
Category: Insurance Coverage
“Measurable Increase in Risk” Is Not Specific Enough Reason for Policy Cancellation
Christina Phillips | Property Insurance Coverage Law Blog | March 12, 2017 In August, I wrote a blog post about an insurer who had violated section 143.17a(a) of the Illinois Insurance Code by failing to provide adequate notice of their intention to non-renew a policy. As a result of its failure to timely provide notice… Continue reading “Measurable Increase in Risk” Is Not Specific Enough Reason for Policy Cancellation
Emotional Distress Damages Not Distinct from “Annoyance and Discomfort” Damages in Case Arising from 2007 California Wildfires
Kristen Lee Price and Lawrence S. Zucker II | Haight Brown & Bonesteel LLP | February 3, 2017 In Hensley v. San Diego Gas & Elec. Co., (No. D070259, filed 1/31/17), the California Court of Appeal for the Fourth Appellate District held that emotional distress damages are available on claims for trespass and nuisance as part… Continue reading Emotional Distress Damages Not Distinct from “Annoyance and Discomfort” Damages in Case Arising from 2007 California Wildfires
Oregon Court of Appeals Rejects Insurer’s Attempt to Cast its Own Insured as Just Another Insurer
Dwain Clifford | The Policyholder Report | March 1, 2017 You’re sued. You tender the defense of the lawsuit to your insurer, but it refuses to defend you. You settle the case and then file a lawsuit against your insurer for what it should have paid to defend you while sitting out of the fight.… Continue reading Oregon Court of Appeals Rejects Insurer’s Attempt to Cast its Own Insured as Just Another Insurer
Could You Be More Specific . . . About My Excess AI Coverage?
Yas Omidi | California Construction Law Blog | February 21, 2017 Are you a general contractor who is pretty sure that you have additional insured coverage for some stuff under your sub-subcontractor’s excess policy? Advent, Inc. v. National Union Fire Ins. Co. of Pittsburgh, PA, Case No. H041934 (December 6, 2016) warns you to be… Continue reading Could You Be More Specific . . . About My Excess AI Coverage?