Michael Melendez and Rebeka Shapiro | Cozen O’Connor California law generally requires that an insurer reject a reasonable settlement demand within the policy limits before it can be liable for a bad faith failure to settle. See Samson v. Transamerica Ins. Co., 30 Cal.3d 220, 237 (1981). But a recent California Court of Appeal (4th Dist.)… Continue reading Can a Settlement Demand Above Policy Limits Fall within Limits? A Calif. Appellate Court Says Yes
Category: Insurance Coverage
“Specific” Means “Specific” – Florida’s Bad Faith Statute Must Be Strictly Construed
Jeffrey Michael Cohen | PropertyCasualtyFocus The purpose of Florida’s “bad faith” statute is to “avoid unnecessary bad faith litigation.” To that end, the statute provides a civil remedy for any person damaged by an insurer’s conduct. However, as a condition precedent to filing suit, the policyholder must provide appropriate information to the Department of Insurance and the… Continue reading “Specific” Means “Specific” – Florida’s Bad Faith Statute Must Be Strictly Construed
Injured Subcontractor Employee Asserts Premise Liability Claim Against General Contractor
David Adelstein | Florida Construction Legal Updates In an interesting opinion, an injured employee of an electrical subcontractor sued the general contractor of a parking garage project under a premise liability theory after being injured when stepping on an uncovered floor drain at the project site. There is no discussion in the opinion as to workers compensation immunity. … Continue reading Injured Subcontractor Employee Asserts Premise Liability Claim Against General Contractor
When 1% Equals 100%: New York Rejects Fault Based Approach to Additional Insured Coverage
Laura Dowgin | Cozen O’Connor When a named insured is only 1% responsible for an accident, what percentage of indemnity coverage is owed to an additional insured? A recent New York federal court says 100%. In New York, additional insured coverage may very well extend to the additional insured’s own independent negligence, so long as… Continue reading When 1% Equals 100%: New York Rejects Fault Based Approach to Additional Insured Coverage
Triable Issue of Fact Exists as to Insurer’s Obligation to Provide Coverage Under Occurrence Policy
Valerie A. Moore and Kathleen E.M. Moriarty | Haight Brown & Bonesteel In Guastello v. AIG Specialty Ins. Co. (No. G057714. filed 2/19/21 ord. pub. 2/23/21), a California appeals court held that triable issues of material fact exist which precluded summary judgment for an insurer seeking to disclaim coverage on the basis that the “occurrence” pre-dated the… Continue reading Triable Issue of Fact Exists as to Insurer’s Obligation to Provide Coverage Under Occurrence Policy