Cianan Lesley and Brian Scarbrough | Jenner & Block The United States Court of Appeals for the Fifth Circuit’s recent opinion in Majestic Oil, Inc. v. Certain Underwriters at Lloyd’s, London Subscribing to Policy Number W1B527170201, No. 21-20542 (5th Cir. Mar. 17, 2023), offers important guidance for practitioners in insurance coverage cases faced with offering new or… Continue reading Client Alert: Fifth Circuit Guidance for Newly-Offered Expert Opinions and the Concurrent Causation Doctrine in Insurance Coverage Cases
Category: Insurance Coverage
Breach of Duty of Good Faith and Fair Dealing Packaged with Contract Disputes Act Claim
David Adelstein | Florida Construction Legal Updates An interesting opinion on a motion to dismiss came out of the United States Court of Federal Claims dealing with the claim that the government breached its duty of good faith and fair dealing in administering the prime contract. The contractor’s argument was that the government breached its duty of… Continue reading Breach of Duty of Good Faith and Fair Dealing Packaged with Contract Disputes Act Claim
Insurer Must Show Prejudice to Deny Coverage for Untimely Notice Under Claims-Made Policy
Mallory Meaney | Wiley Rein The United States District Court for the Central District of California, applying California law, has held that an insurer must show prejudice to deny coverage for untimely notice under a claims-made policy. Triyar Hosp. Mgmt. LLC v. QBE Specialty Ins. Co., 2023 WL 2372049 (C.D. Cal Jan. 17, 2023). The court… Continue reading Insurer Must Show Prejudice to Deny Coverage for Untimely Notice Under Claims-Made Policy
Common Insurance Coverage Exclusions
Sacks Tierney The insurance company bears the burden to establish the applicability of any exclusion. Insurance policies limit coverage through the use of exclusions written into the policy. The insurer bears the burden to establish the applicability of any exclusion. Expected or Intended Injury Exclusion (a) in the standard CGL policy excludes any injury or… Continue reading Common Insurance Coverage Exclusions
Insurance Coverage Fundamentals
Sacks Tierney Typically, depending on when the insurance coverage is triggered, the insurance company has the duty to defend its policy-holder and may ultimately have the duty to indemnify. Insurance is the most common form of risk avoidance. Through insurance, the contractor can shift the financial burden of many standard and extraordinary business risks to… Continue reading Insurance Coverage Fundamentals