Tessan Wess | Gordon Rees Scully Mansukhani For the first time in Oregon, claimants have a legal basis to pursue first-party bad faith claims against insurers. In late December 2023, the Oregon Supreme Court affirmed a 2022 opinion from the Oregon Court of Appeals in Moody v Oregon Community Credit Union and opened the door to bad… Continue reading Oregon Landmark Decision Opens Door to Bad Faith Litigation
Category: Insurance Coverage
Insurer’s Motion for Judgment on the Pleadings for Construction Defect Claim Rejected
Tred R. Eyerly | Insurance Law Hawaii The magistrate judge recommended that the insurer’s motion for judgment on the pleadings be denied in a case involving coverage for the insured subcontractor’s alleged faulty workmanship. Evanston Ins. Co. v. Sonny Glasbrenner, Inc., 2023 U.S. Dist. LEXIS 190019 (M.D. Fla. Oct. 20, 2023). Cone… Continue reading Insurer’s Motion for Judgment on the Pleadings for Construction Defect Claim Rejected
December Bad Faith Update: No Request for Defense, No Coverage Problem
Kirk Presley | Presley & Presley With very limited exceptions, liability policies provide insureds with two primary benefits: a defense paid for by the insurance carrier and indemnity for covered claims. These benefits to the insured are purchased with premium dollars and remain available if the insured complies with its policy obligations. What is less… Continue reading December Bad Faith Update: No Request for Defense, No Coverage Problem
Expanded Virginia Court of Appeals Leads to Policyholder Relief
Michael S. Levine and Olivia G. Bushman | Hunton Insurance Recovery Blog Exercising its newly expanded jurisdiction that now permits Virginia’s intermediate appellate courts to hear insurance coverage disputes, the Court of Appeals recently reversed a lower court decision that allowed a two-year “Suits Against Us” provision to serve as a basis for an insurer’s… Continue reading Expanded Virginia Court of Appeals Leads to Policyholder Relief
Court Issues First LEG3 Defects Exclusion Decision
Joshua Tumen and Paul Ferland | Property Insurance Law Observer Introduction In a case of first impression, the United States District Court for the District of Columbia (applying Illinois law) rejected a LEG3 exclusion as ambiguous. See S. Capitol Bridgebuilders “SCB” v. Lexington Ins. Co., 2023 U.S. Dist. LEXIS 176573 (D.D.C. Sep. 29, 2023). The London Engineering… Continue reading Court Issues First LEG3 Defects Exclusion Decision