Jordan R. Plitt | Claims Journal Standard property policies typically contain an exclusion which provides that the insurer “will not pay for loss or damage caused directly or indirectly by . . . water that backs up or overflows from a sewer, drain, or sump.” A reasonable reading of that language would likely include within… Continue reading Does a Water Backup Exclusion Include Sewage?
Category: Insurance Coverage
It’s Not You, It’s Them: Dealing With Insurance Coverage Denials
Latosha M. Ellis | Hunton Insurance Recovery Blog If your company has an emergency response plan—and it likely does—filing an insurance claim needs to be included in that plan. But what if your insurer stretches out the consideration process by making continuous, costly information requests without making a coverage determination? Or decides to deny coverage… Continue reading It’s Not You, It’s Them: Dealing With Insurance Coverage Denials
Arizona Appellate Court Determines Standard for Aiding and Abetting Bad Faith Claims
Patrick Gorman | Jones, Skelton & Hochuli The Arizona Court of Appeals recently analyzed a question that often plagues the removal of an insurance bad faith case to federal court: what is the standard to state a claim against an alleged aider and abettor of a bad faith claim? In Iglesia de Jesucristo Minesterios v. Brotherhood… Continue reading Arizona Appellate Court Determines Standard for Aiding and Abetting Bad Faith Claims
Claims Adjusters Or Lawyers? Federal Court Sees No Difference.
Steven L. Miracle | Meissner Tierney Fisher & Nichols An insurance company’s duty of good faith and fair dealing is incorporated into every insurance policy. Generally speaking, the duty requires an insurance company to act fairly toward its insured and not place its own interests above the insured’s interests, whether in the context of an… Continue reading Claims Adjusters Or Lawyers? Federal Court Sees No Difference.
Anti-Concurrent Causation Endorsements in CGL Insurance Policies: A Word of Caution
David M. McLain | Colorado Construction Litigation While I have not performed exhaustive research into the origin of anti-concurrent causation (“ACC”) endorsements on insurance policies, or how or when they migrated from first-party property policies to commercial general liability (“CGL”) policies, they have done so. The result for Colorado’s construction professionals may rear its ugly… Continue reading Anti-Concurrent Causation Endorsements in CGL Insurance Policies: A Word of Caution