David Adelstein | Florida Construction Legal Updates In the preceding posting, I wrote about making sure you comply with your property insurance policy’s post-loss policy obligations. By failing to comply, you can render your policy ineffective meaning you are forfeiting otherwise valid insurance coverage, which was the situation discussed in the preceding posting. As an insured, you… Continue reading Courts Will Not Rewrite Your Post-Loss Property Insurance Obligations
Category: Insurance Coverage
Contractor Prevails on Summary Judgment To Establish Coverage under Subcontractor’s Policy
Tred R. Eyerly | Insurance Law Hawaii When sued for construction defects caused by the subcontractor, the general contractor was granted summary judgment on the issue of coverage under the subcontractor’s policy. Meritage Homes of Ga. v. Grange Ins. Co., 2021 U.S. Dist. LEXIS 84591 (N.D. Ga. March 23, 2021). Meritage built… Continue reading Contractor Prevails on Summary Judgment To Establish Coverage under Subcontractor’s Policy
When an Insurer Fulfills its Promises There Can Never be “Bad Faith”
Barry Zalma | Zalma on Insurance It is Contumacious to Sue an Insurer Who Fulfills all Promises Made by its Policy An insurance contract is nothing more than mutual promises made by the insurer to the insured and from the insured to the insurer. When an insurer keeps all of the promises it made, settles… Continue reading When an Insurer Fulfills its Promises There Can Never be “Bad Faith”
Avoid Creating Coverage By Estoppel, Waiver & Forfeiture: California
Alicia Gurries | Cozen O’Connor Waiver, estoppel and forfeiture are doctrines on which insureds often rely to try to create coverage outside the terms of the insurance policy. Insureds will often assert that they are entitled to such extra-contractual coverage based entirely on how the insurer handled the claim. But under California law, these doctrines often do not apply,… Continue reading Avoid Creating Coverage By Estoppel, Waiver & Forfeiture: California
Court of Appeal Holds Only “Named Insureds” May Sue for Bad Faith Under California FAIR Plan Policy
Valerie A. Moore and Kathleen E.M. Moriarty | Haight Brown & Bonesteel In Wexler v. California Fair Plan Association (No. 303100, filed 4/14/21), Brooke Wexler’s parents insured their residence, which was located in a mountainous high-fire risk area, with a California FAIR Plan Association owner-occupied dwelling policy. The policy only listed Wexler’s parents and did not name… Continue reading Court of Appeal Holds Only “Named Insureds” May Sue for Bad Faith Under California FAIR Plan Policy