Edward M. Koch and Lynndon K. Groff | White & Williams Insurance policies covering first-party property damage often require insureds to notify insurers of a loss “as soon as practicable.” Where an insured may or may not have given notice “as soon as practicable,” the issue arises as to who should determine whether the insured… Continue reading GA Federal Court Holds That Jury, Not Judge, Generally Must Decide Whether Notice Was Given “As Soon as Practicable” Under First-Party Property Damage Policies
Category: Insurance Coverage
Second Circuit Rules Indemnity Provision in Construction Contract Trumps “Other Insurance” Clause in Determining Priority of Coverage
Scott Seaman | Insights for Insurers A recent decision by a panel of the U.S. District Court of Appeals for the Second Circuit serves as a reminder that sometimes insurers and policyholders must look outside the insurance policies to determine the priority of coverage among insurance contracts. We have previously discussed how, in some instances,… Continue reading Second Circuit Rules Indemnity Provision in Construction Contract Trumps “Other Insurance” Clause in Determining Priority of Coverage
Identifying and Accessing Coverage in Complex Construction Claims
Jeffrey J. Vita and Michael V. Pepe | SDV Insights I. IntroductionFirst-party, third-party, builder’s risk, professional liability, commercial general liability, wrap-ups, and additional insured status are all potential sources of insurance coverage for a large construction loss. Therefore, it is critical for construction industry participants, from owners and developers to general contractors and their subcontractors,… Continue reading Identifying and Accessing Coverage in Complex Construction Claims
Tenth Circuit Rules Against Insurer and Decides That Appraisers Can Decide Causation
Karl Schulz | Cozen O’Connor In the continuing saga of what can and cannot be appraised in a property insurance appraisal, the Tenth Circuit, in contrast to many other courts, has ruled appraisers can determine coverage issues. In Bonbeck Parker, LLC v. Travelers Indem. Co. of Am., 2021 U.S. App. LEXIS 29607 (10th Cir. October 1,… Continue reading Tenth Circuit Rules Against Insurer and Decides That Appraisers Can Decide Causation
The Retroactive Date – When Timing is Everything
Mary Frances Lindquist Rasamond | Phelps Dunbar Most architects, engineers and contractors’ professional liability policies are written on a claims-made basis, requiring a claim to be first made against the insured and reported to the insurer during the policy period. Claims-made policies typically contain a retroactive date limitation, which must be satisfied for the policy… Continue reading The Retroactive Date – When Timing is Everything