William S. Bennett | SDV Insights First-party insurance coverage is typically structured on the basis of one of two types of insuring agreements: “All Risks” and “Covered Peril.” While the difference may seem innocuous, the ramifications of having one versus the other can be monumentally important in a disputed claim scenario. For the reasons discussed… Continue reading Whose Burden is It Anyway: All Risk vs. Covered Peril Policies
Category: Insurance Coverage
Clock is Ticking: New Law Restricts Time-Limited Policy Limit Settlement Demands
Donimica C. Anderson and Daniel B. Heidtke | Duane Morris Certain time-limited settlement demands delivered on or after January 1, 2023 will be subject to additional restrictions as California Code of Civil Procedure (“CCP”) Sections 999-999.5 take effect in the New Year. In the past, policyholder counsel have issued policy-limit demand letters, with little detail,… Continue reading Clock is Ticking: New Law Restricts Time-Limited Policy Limit Settlement Demands
This Year Don’t Let the Grinch Steal Your Insurance
Vivek Chopra and Mattison (Mattie) Kim | Perkins Coie Forfeiting insurance coverage on a covered claim is a quick way to ruin the holidays. Every year, tens of thousands of covered claims are left unpaid due to clerical mistakes by policyholders or their brokers. These unpaid claims are not a matter of legal interpretation (e.g.,… Continue reading This Year Don’t Let the Grinch Steal Your Insurance
Defense Costs For Long-Tail Claims: Making The Most Of Your Insurance Coverage
John B. Mavretich and Waymon T. Peer | Venable Long-tail claims involve continuous or progressive injuries that occur over the course of multiple years. Often these claims occur in the context of long-latency diseases, such as those arising from asbestos exposure, or long-term pollution releases in the environmental context. Business entities may be found liable… Continue reading Defense Costs For Long-Tail Claims: Making The Most Of Your Insurance Coverage
When Are General Conditions and General Requirements Covered by Builder’s Risk
Michael V. Pepe and Grace V. Hebbel | Saxe Doernberger & Vita General conditions and general requirements are terms of art in the construction industry that describe the indirect costs necessary to complete a construction project. After physical loss or damage to a project, the following question often arises: Are “general conditions” and “general requirements”… Continue reading When Are General Conditions and General Requirements Covered by Builder’s Risk