Katelyn Cramp | Wiley Rein Applying Washington law, a federal district court has held that an insured versus insured exclusion does not bar coverage for claims asserted by a member of an insured limited liability company. Starr Indem. & Liab. Co. v. Point Ruston LLC, 2021 WL 3630511 (W.D. Wash. Aug. 17, 2021). The court also… Continue reading Insured Versus Insured Exclusion Does Not Bar Coverage for Claims Brought by Member of Insured LLC
Category: Insurance Coverage
Delaware District Court Finds CGL Insurer Owes Condo Builder a Duty to Defend Faulty Workmanship Claims — Based on the Subcontractor Exception to the Your Work Exclusion
Anthony Miscioscia and Laura Rossi | White and Williams On September 7, 2021, in one of the few decisions addressing the scope of coverage for faulty workmanship under Delaware law, the Delaware District Court denied an insurer’s motion seeking a declaration that it neither needed to defend nor indemnify an insured-builder under a commercial general… Continue reading Delaware District Court Finds CGL Insurer Owes Condo Builder a Duty to Defend Faulty Workmanship Claims — Based on the Subcontractor Exception to the Your Work Exclusion
No Bad Faith When Insurer Relied on Opinion of Independent Consultant
Alycen A. Moss and Elliot Kerzner | Property Insurance Law Observer The Court of Appeals of Georgia recently held that an insurer’s reliance on the report of an independent consultant creates a presumption that it did not act in bad faith in denying coverage. In Montgomery v. Travelers Home and Marine Ins. Co., 859 S.E.2d 130… Continue reading No Bad Faith When Insurer Relied on Opinion of Independent Consultant
Insurer Motion to Intervene in Underlying Case Denied
Tred R. Eyerly | Insurance Law Hawaii The Colorado Supreme Court determined that the insurer defending under a reservation of rights could not intervene in the underlying case after the insured assigned its rights to any bad faith claim against the insurer. Auto-Owners Ins. Co. v. Bolt Factory Lofts Owners Ass’n, Inc., 2021 Colo.… Continue reading Insurer Motion to Intervene in Underlying Case Denied
Condo Collapse: Everyone Will Point Fingers But Florida Laws Narrow Liability
Tom Hals | Insurance Journal The collapse of a condominium tower near Miami will set off years of litigation as victims and their families look to find fault among the building’s management as well as engineers, architects and others, according to legal experts. Disaster struck in Surfside, Florida, on June 24 as a major repair… Continue reading Condo Collapse: Everyone Will Point Fingers But Florida Laws Narrow Liability