Jared Burtner | Phelps Dunbar The Supreme Court of South Carolina held that the insurers of contractors and subcontractors sued in a construction defect action could not intervene in order to obtain a verdict that would apportion liability and damages among the insurers without the need of a subsequent declaratory judgment action. Builders Mut. Ins.… Continue reading South Carolina Supreme Court Holds Insurers Not Entitled to Intervene in Construction Defect Action to Contest Coverage
Category: Insurance Coverage
Policy Clauses, Exclusions and Endorsements: Language Matters
Heather Howell Wright and Alexander G. Thrasher | Buildsmart The Ninth Circuit Court of Appeals just reminded policyholders that while coverage exclusions are to be read narrowly, they must also be read comprehensively. In Engineered Structures, Inc. v. Travelers Property Casualty Company of America, Engineered Structures, Inc. (ESI) obtained a builders’ risk insurance policy from Travelers… Continue reading Policy Clauses, Exclusions and Endorsements: Language Matters
Fact of Settlement Communications in Underlying Lawsuits is Not Ground for Anti-SLAPP Motion in Subsequent Bad Faith Lawsuit
Christopher Kendrick and Valerie A. Moore | Haight Brown and Bonesteel In Trilogy Plumbing, Inc. v. Navigators Specialty Ins. Co. (No. G057796, filed 5/27/20, ord. pub. 6/18/20), a California appeals court ruled that an insurance bad faith lawsuit alleging a variety of claim handling misconduct in defending the insured was not subject to an insurer’s special Strategic… Continue reading Fact of Settlement Communications in Underlying Lawsuits is Not Ground for Anti-SLAPP Motion in Subsequent Bad Faith Lawsuit
Insured’s Lack of Knowledge of Tenant’s Growing Marijuana Means Coverage Afforded for Fire Loss
Tred R. Eyerly | Insurance Law Hawaii The California Court of Appeals reversed the trial court’s grant of summary judgment to the insurer regarding a claim for fire loss. Mosley v. Pacific Sec. Ins, Co., 2020 Cal. App LEXIS (Cal. Ct. App, May 26, 2020). The Mosleys rented their property to Pedro Lopez.… Continue reading Insured’s Lack of Knowledge of Tenant’s Growing Marijuana Means Coverage Afforded for Fire Loss
Insurance Exclusion Negates Additional Insured Coverage
Stanley A. Martin | Commonsense Construction Law So you think your additional insured status as a GC provides protection against claims by your sub’s injured workers? Think again. General contractors commonly require subs to include the GC as an additional insured party on the sub’s general liability insurance policy. This requirement, coupled with an express… Continue reading Insurance Exclusion Negates Additional Insured Coverage