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
Category: Insurance Coverage
The Allegation Abbreviation: Louisiana Supreme Court Expedites Bad Faith Insurance Litigation
Chris D’Amour, Paige Franckiewicz and Jeffey Richardson | Adams and Reese In a recent unanimous decision in Wilson v. Louisiana Citizens Property Insurance Corporation, the Louisiana Supreme Court held that bad faith claims against insurance companies are subject to a two-year prescriptive period when a policy states that a breach of contract claim against the insurer… Continue reading The Allegation Abbreviation: Louisiana Supreme Court Expedites Bad Faith Insurance Litigation
No Coverage Under Installation Policy When Read Together With Insurance Application
David Adelstein | Florida Construction Legal Updates A recent case out of the Eleventh Circuit denied an underground contractor’s claim under what appears to be a commercial property installation floater policy (inland marine coverage) that covers the contractor’s materials. Whereas a builder’s risk policy is more expansive, an installation floater is narrower and can provide protection to… Continue reading No Coverage Under Installation Policy When Read Together With Insurance Application
LA Supreme Court Clarifies Contract Controls Prescriptive Period For First-Party Bad Faith Claims
Caroline F. Crosby and Hunter Williams C. | Phelps Dunbar The Louisiana Supreme Court recently ruled that an insurance policy’s two-year limitation on the institution of suits by a policyholder creates a two-year prescriptive period for a policyholder’s bad faith claim against the insurer, even though the claim otherwise would have a 10-year prescriptive period. In 2023,… Continue reading LA Supreme Court Clarifies Contract Controls Prescriptive Period For First-Party Bad Faith Claims
Insurer’s Bad Faith is Actionable Tort for Purposes of Choice of Law Analysis
Janeen M. Thomas | SDV Insights When an insurer handles a claim in violation of its duty to act in good faith, policyholders are often eager to sue the insurer for bad faith, seeking extra contractual damages. Before filing suit, however, it is critical that policyholders consider what state’s law applies to the bad faith… Continue reading Insurer’s Bad Faith is Actionable Tort for Purposes of Choice of Law Analysis