Alex Purvis, Emily M. Ruzic and Amandeep S. Kahlon | Build Smart In Ali Heidari v. Golden Bear Insurance, a California appeals court recently affirmed a lower court’s decision to deny relief under a CGL policy, where the policy excluded from coverage work performed by subcontractors under the contractor’s warranty exclusion. Specifically, the appellate court upheld the trial… Continue reading California Appeals Court Says No Duty to Defend Where Policy Exclusion Applies
Category: Insurance Coverage
Two Worthy Insurance Topics: (1) Bad Faith, and (2) Settling Without Insurer’s Consent
David Adelstein | Florida Construction Legal Updates The recent Eleventh Circuit Court of Appeals’ decision, American Builders Insurance Company v. Southern-Owners Insurance Company, 56 F.4th 938 (11th Cir. 2023), is an insurer versus insurer case that touches on two important insurance topics: (1) common law bad faith against an insurance company, and (2) an insurer’s affirmative defense that an… Continue reading Two Worthy Insurance Topics: (1) Bad Faith, and (2) Settling Without Insurer’s Consent
No Coverage Under Claims-Made Policy for Lawsuit Served on Registered Agent Before Policy Period
Joseph Gross | Wiley Rein In a win for Wiley’s client, the United States District Court for the Southern District of Florida, applying Florida and District of Columbia law, has found that a claims-made professional liability policy does not afford coverage for a lawsuit served on the insured’s registered agent prior to the policy period,… Continue reading No Coverage Under Claims-Made Policy for Lawsuit Served on Registered Agent Before Policy Period
California Expands on Scope of Coverage for Soft Cost Claims
Caitlin N. Rabiyan | SDV Insights The California federal district court case of KB Home v. Illinois Union Insurance Co., No. 8:20-cv-00278-JLS-JDE, (C.D. Cal. August 23, 2022), provides much needed guidance for cases involving builder’s risk insurance claims for soft cost coverage. The case stems from damage to several of KB Home’s residential building sites caused… Continue reading California Expands on Scope of Coverage for Soft Cost Claims
Reservation of Rights Letter Merely Citing Policy Provisions Inadequate
Tred R. Eyerly | Insurance Law Hawaii In an unpublished opinion, the Fourth Circuit affirmed the district court’s finding that the insurers’ reservation of rights letters did not provide a basis for denial of coverage. Stoneiedge At Lake Keowee Owners Ass’n Inc. v. Cincinnati Ins. Co., 2022 US. App. LEXIS 34292 (4th Dist. Dec.… Continue reading Reservation of Rights Letter Merely Citing Policy Provisions Inadequate