Tred R. Eyerly | Insurance Law Hawaii After a hurricane damaged the building the insured was constructing, there was no coverage under the CGL policy for repairs the insured made in the absence of a suit being filed. Planet Construction J2911 LLC. v. Gemini Ins. Co., 2022 U.S. Dist. LEXIS 105468 (W.D. La. June… Continue reading No Coverage for Repairs Made Before Suit Filed
Category: Insurance Coverage
Coverage for Named Windstorm Removed by Insured, Terminating Such Coverage
Tred R. Eyerly | Insurance Law Hawaii Over a series of policies, the insured had no coverage for named windstorms when it was removed from the policies in return for a reduced premium. Shiloh Christian Ctr. v. Aspen Sec. Ins. Co. 2022 U.S. Dist. LEXIS 100959 (M. D. Fla. May 9, 2022). … Continue reading Coverage for Named Windstorm Removed by Insured, Terminating Such Coverage
Narrow Promissory Estoppel Exception to Create Insurance Coverage
David Adelstein | Florida Construction Legal Updates There is an affirmative claim known as promissory estoppel. (Whereas equitable estoppel is used an affirmative defense, promissory estoppel is used as an affirmative claim.) To prove promissory estoppel, a plaintiff must plead and prove the following three elements: “(1) a representation as to a material fact that is… Continue reading Narrow Promissory Estoppel Exception to Create Insurance Coverage
Wildfire Insurance Coverage Series, Part 4: Coverage for Supply Chain Related Losses
Scott P. DeVries and Yosef Itkin | Hunton Insurance Recovery Blog Business loss is not limited to fire or smoke damage to its own property – it often arises from damage to the supply chain. In this post in the Blog’s Wildfire Insurance Coverage Series, we look at what coverage may exist when wildfire damages… Continue reading Wildfire Insurance Coverage Series, Part 4: Coverage for Supply Chain Related Losses
Wildfire Insurance Coverage Series, Part 5: Valuation of Loss, Sublimits, and Amount of Potential Recovery
Scott P. DeVries and Yosef Itkin | Hunton Insurance Recovery Blog Insurance policies provide different levels of insurance coverage and even if the amount purchased was adequate at one time, developments over time (e.g., inflation, upgrades, regulatory changes and surge pricing) may leave the policyholder underinsured. In this post in the Blog’s Wildfire Insurance Coverage… Continue reading Wildfire Insurance Coverage Series, Part 5: Valuation of Loss, Sublimits, and Amount of Potential Recovery